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GONZALEZ v. CITY OF SCHENECTADY

Docket No. 11-5403.

728 F.3d 149 (2013)

Jonathan GONZALEZ, Plaintiff-Appellant, v. CITY OF SCHENECTADY; John Maloney, individually and in his capacity as an employee of the City of Schenectady, New York, Police Department; Sean Daley, individually and in his capacity as an employee of the City of Schenectady, New York, Police Department; Eric Peters, individually and in his capacity as an employee of the City of Schenectady, New York, Police Department; County of Schenectady, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 28, 2013.

Attorney(s) appearing for the Case

James Brian LeBow , LeBow and Associates, PLLC, New York, NY, for Appellant.

Michael Joseph Murphy , Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, NY, for Appellees.

Before: JACOBS, Chief Judge, POOLER and CHIN, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Jonathan Gonzalez brought suit against the City and County of Schenectady and three Schenectady police officers under 42 U.S.C. § 1983 and state law alleging arrest without probable cause and conduct of a visual body cavity search in violation of the Fourth Amendment. In an area known for drug activity, Gonzalez told a confidential informant (who was wearing a wire), "What do you need? I can get you whatever you need." Gonzalez was...

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