Judge William Skretny
Wearing business attire and awaiting a job interview, Westbrooks spent an hour in a downtown Buffalo coffee shop without making a purchase. Police officer Duffy entered the shop and told Westbrooks he must buy something or move outside. Westbrooks left the shop and rested on a large planter near its entrance. Westbrooks disputed that Duffy asked him to move from the planter. Duffy called his partner and arrested Westbrooks, who eventually received an adjournment in contemplation of dismissal. Despite dismissing Westbrooks’ claims of intentional infliction of emotional distress, loss of income, negligent supervision and punitive damages against the City of Buffalo, district court denied dismissal of Westbrooks’ false arrest and punitive damages claims against Duffy. If, as Westbrook asserted, he was never asked to move from the planter, Westbrooks did not disobey an order, thus defeating the premise on which defendants rested their claim that Duffy had probable cause to arrest Westbrooks. To the extent Duffy had probable cause to arrest Westbrooks for disorderly conduct, it was plain that under Westbrooks’ version of the events no reasonably competent police officer could have believed he committed that crime.
