Judge Sidney Stein
Glassman’s arrest, prosecution and acquittal on charges of rape, assault, and criminal contempt stemmed from his brief marriage to Duran. In addition to state law-based causes of action under 42 USC §1983, Glassman asserted claims of false arrest, malicious prosecution and failure to intervene against four New York police officers. The court dismissed his federal claims and declined to exercise supplemental jurisdiction over his state law claims. Because probable cause existed to arrest Glassman, there was no false arrest. Duran’s statements to police, her injuries, and distraught demeanor provided the officers with probable cause to arrest Glassman for third-degree assault. Glassman’s subsequent arrest for criminal contempt of a protection order arose from a call to Duran’s cousin, in which Glassman allegedly threatened to have Duran deported. The combination of the protection order, phone call and statement by Duran’s cousin provided probable cause to arrest Glassman. Also, Glassman failed to overcome the presumption of probable cause created by the grand jury’s indictment charging assault, third-degree rape, and two counts of criminal contempt. Thus there had been no malicious prosecution.
