Downs v. Town of Guilderland
897 N.Y.S 2d 264 (N.Y.A.D.3 Dept.)
Plaintiff brought action against town, town police officer, and shopping mall owner alleging claims for false arrest, violations of equal protection clause and free speech rights arising from incident in which he was arrested for refusing to leave mall after various confrontations involving his custom made T-shirt with antiwar slogans. Trial Court granted Motion for Summary Judgment filed on behalf of town and police officer finding probable cause for plaintiff’s trespass arrest. Decision affirmed by Appellate Division and leave to appeal to the Court of Appeals was denied.