Behavioral Identification and Access Knowledge as Constitutive Elements of Probable Cause in False Arrest and Malicious Prosecution Claims

Introduction

Heredia v. City of New York, 24-1185-cv (2d Cir. Mar. 31, 2025) arises from the Eastern District of New York’s grant of summary judgment in favor of the City and various NYPD defendants on claims of false arrest and malicious prosecution under 42 U.S.C. § 1983. Plaintiff‐appellant Diego Heredia, a former art gallery manager, was arrested and prosecuted for burglary of his former employer, Maison Gerard Art Gallery. He challenges the district court’s finding of probable cause underpinning both his arrest and prosecution. On appeal, the Second Circuit affirmed, holding that (1) identification based on mannerisms and corroborating evidence of gallery access sufficed for probable cause to arrest, and (2) the grand jury indictment carried a presumption of probable cause to prosecute that Heredia failed to rebut.

Summary of the Judgment

• The district court granted summary judgment for Defendants on both the false arrest and malicious prosecution claims.
• For false arrest, the court held as a matter of law that Detective Donegan had probable cause to arrest Heredia based on:
  • a former coworker’s identification of Heredia’s gait and mannerisms in surveillance footage;
  • recognition of clothing matching what Heredia wore;
  • Heredia’s exclusive knowledge of gallery alarm codes and possession of keys; and
  • a text message inquiring about the gallery’s holiday closure.
• For malicious prosecution, the court applied New York law’s presumption that a grand jury indictment establishes probable cause, which Heredia failed to rebut with evidence of fraud, perjury, suppressed evidence, or bad faith police conduct.
• The Second Circuit affirmed both rulings, dismissing all § 1983 claims.

Analysis

Precedents Cited

The court’s decision draws on well-established Second Circuit authorities:

• Sotomayor v. City of New York, 713 F.3d 163 (2d Cir. 2013): Standard of review for summary judgment in § 1983 claims.
• Gonzalez v. City of Schenectady, 728 F.3d 149 (2d Cir. 2013): Probable cause as a complete bar to false arrest claims.
• Ackerson v. City of White Plains, 702 F.3d 15 (2d Cir. 2012): Definition of probable cause as “reasonably trustworthy information.”
• Zellner v. Summerlin, 494 F.3d 344 (2d Cir. 2007): Clarifies the mixed fact‐law nature of probable cause.
• Dufort v. City of New York, 874 F.3d 338 (2d Cir. 2017): When undisputed facts fix probable cause as a legal question.
• Walczyk v. Rio, 496 F.3d 139 (2d Cir. 2007): Officer’s duties once probable cause is established.
• Burgess v. DeJoseph, 725 F. App’x 36 (2d Cir. 2018): A single reliable identification can supply probable cause.
• Panetta v. Crowley, 460 F.3d 388 (2d Cir. 2006): Officers need not pursue every lead once probable cause exists.
• Kee v. City of New York, 12 F.4th 150 (2d Cir. 2021): Elements of a malicious prosecution claim under § 1983 in New York.
• McClellan v. Smith, 439 F.3d 137 (2d Cir. 2006): Grand jury indictments create a rebuttable presumption of probable cause.
• Colon v. City of New York, 455 N.E.2d 1248 (N.Y. 1983): Grounds for overcoming the indictment presumption (fraud, perjury, suppression, bad faith).

Legal Reasoning

The Second Circuit applied de novo review and framed probable cause as a mixed question of law and fact. Because the factual record was undisputed, the court treated probable cause as a legal determination. Key points:

• Identification by Mannerisms: Jimenez’s recognition of Heredia’s distinctive gait and mannerisms on camera was “reasonably trustworthy information.”
• Corroborating Evidence: Acosta’s clothing match, Heredia’s exclusive alarm codes and keys, and his prior text messages about holiday closures collectively bolstered the arresting officers’ belief.
• No Duty to Continue Inquiry: Once probable cause existed, Detectives Donegan and Cozart were not obliged to seek exculpatory evidence or achieve proof beyond a reasonable doubt.
• Malicious Prosecution Presumption: Under New York law, the grand jury indictment itself presumed probable cause. Absent evidence of bad faith or falsehood in the grand jury presentation, Heredia could not overcome that presumption.

Impact

This decision underscores several important developments in § 1983 jurisprudence:

• Behavioral and circumstantial identification techniques—when reliable—can satisfy probable cause even in the absence of facial recognition or fingerprint evidence.
• Officers’ reasonable inferences from corroborating facts (access codes, keys, text messages) strengthen probable cause determinations and limit civil liability.
• Malicious prosecution plaintiffs in New York face a high hurdle: absent clear proof of officer misconduct in grand jury presentations, the indictment presumption is not easily rebutted.

Complex Concepts Simplified

• Probable Cause: A reasonable person’s belief—grounded in trustworthy facts—that a crime has been committed by the suspect.
• Summary Judgment: A court decision without a full trial when no genuine factual disputes exist and one side is entitled to judgment as a matter of law.
• Malicious Prosecution: A civil claim requiring (1) initiation of criminal proceedings, (2) termination in the plaintiff’s favor, (3) lack of probable cause, and (4) malice.
• Grand Jury Presumption: Under New York law, an indictment is treated as evidence of probable cause unless the defendant shows bad faith or false testimony in the grand jury process.

Conclusion

Heredia v. City of New York affirms that a combination of behavioral identification and corroborating circumstantial evidence can constitute probable cause for false arrest under § 1983. It also reinforces the strength of a grand jury indictment’s presumption in malicious prosecution cases under New York law. Together, these rulings will guide lower courts and law enforcement officers on the sufficiency of non-facial identifications, the scope of duty to investigate, and the high bar for challenging grand jury indictments in civil rights litigation.