US Court of Appeals upholds lower court decision denying false arrest claim

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NEW PALTZ – The US Court of Appeals, Second Circuit dismissed a challenge of a federal district court decision that former New Paltz School Board President Donald Kerr’s civil rights were not violated when he was arrested on a felony charge of possession of marijuana.
A grand jury did not indict Kerr on the charge, so Kerr sued New Paltz Police Chief Joseph Snyder, Lt. Robert Lucchesi and Det. Sgt. Scott Butler claiming false arrest. The district court tossed that contention and all of Kerr’s others including being unlawfully detained and handcuffed and that his computer was held by the police.
Kerr was arrested on November 4, 2011 for possession of a package of
marijuana that came in the US Mail from the same area in California to
New Paltz that had led to at least one successful drug possession prosecution
of a package recipient.
The grand jury investigated but choose not to indict him. He then sued for false arrest and unlawful retention of his laptop computer.