District Judge William M. Skretny


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Defendants moved to dismiss plaintiff’s complaint asserting a variety of state and federal claims, and plaintiff cross-moved to amend her complaint. Plaintiff was accused by her boyfriend of poising their infant son’s milk and formula, allegedly to improve his chances of winning custody and avoiding child support obligations. Plaintiff was ultimately exonerated, but not before she was arrested, detained, and deprived of custody of her son and 2 older children. Plaintiff argued that her arrest and detention by defendants were without probable cause because they were aware of and disregarded her boyfriend’s motives in filing charges, his unsupervised possession of the milk and formula, and the fact that her boyfriend’s privately retained lab and the police’s trace evidence report differed in findings. The court first dismissed plaintiff’s municipal liability claim, finding that she failed to allege any policy or custom, since her single arrest failed to establish same. As to her claims against the individual defendants, the court declined to dismiss most of the claims, holding that the question of whether defendants had probable cause to arrest plaintiff was in dispute.