Maniscalco v. Simon

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants violated plaintiff’s 4th Amendment rights by conspiring with fast-food restaurant employees to induce plaintiff to breach peace so as to give defendants pretext to arrest plaintiff. Defendants had probable cause to arrest plaintiff on disorderly conduct charge after obtaining statements from employees of restaurant that plaintiff was verbally abusive with clerk stationed near drive-through window and then grabbed clerk’s wrist as if to pull him through drive-through window. Moreover, plaintiff failed to put forth evidence to support claim that defendants conspired with restaurant employees to set up plaintiff. Also, plaintiff could not establish any 4th Amendment violation against defendant-restaurant since vicarious liability under doctrine of respondeat superior is unavailable against private employers sued under section 1983.