Hurem v. Taveres

Dist. Ct. did not err in granting defendants-police officers’ motion for summary judgment in section 1983 action alleging that defendants had subjected him to false arrest when defendants confronted him at apartment after owners of said apartment told defendants that they were true owners of apartment, and after plaintiff had refused to leave said apartment. Defendants had probable cause to arrest plaintiff on criminal trespass to real property charge so as to defeat false arrest claim, where defendants were entitled to believe property owners at time of arrest that they were true owners of said apartment, and where plaintiff lacked any documentary proof that he had paid any rent, as he had claimed to defendants. Fact that defendants may have violated Forcible Entry and Detainer Act by summarily evicting/arresting plaintiff without affording him prior hearing to determine his entitlement to apartment does not require different result.