A woman who was arrested after she returned to the house she had shared with her estranged husband to retrieve personal belongings cannot sue for false arrest even though she shared title to the former marital residence, a federal appellate court has ruled.

Vacating a lower court ruling, the 2nd U.S. Circuit Court of Appeals concluded in Finigan v. Marshall, 07-0964, that Saratoga County Deputy Sheriff William E. Marshall had probable cause to arrest Geneva Finigan for trespass when he responded to a report of a burglary at the upstate home occupied by her husband Robert, who was away on vacation.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]