Michael Chenkin filed a civil rights claim against the City of New York, alleging he was wrongfully arrested when officers responded to a "domestic abuse" call.
Chenkin argued that the City's policies were constitutionally and statutorily infirm because they called for an "automatic arrest" without regard to the substantiality of a party's alleged misconduct.
But both the New York County Supreme Court and the Appellate Division, First Department, were of the view dismissal of the case was appropriate given that officers are authorized to make an arrest when they reasonably believe a suspect has committed a "family offense"--a misdemeanor (CPL 140.10[4][c]).
Isn't that arresting?
To view a copy of the Appellate Division's decision, please use this link: Chenkin v. City of New York