Schirmer v. Penkethman, — F. Supp. – (D.N.J. December 31, 2012)

Practice Areas: Public Entity and Civil Rights Litigation

Plaintiff, a teachers’ aide in an elementary school, brought false arrest and malicious prosecution charges against school administrators, police officers, and employees of the county prosecutor’s office after the court dropped criminal charges involving the alleged inappropriate touching of students.  Several students complained that Schirmer had briefly touched them in ways that made them feel uncomfortable on one or two occasions each.  Employees of the prosecutor’s office interviewed the children and decided to bring charges.  The charges were later dismissed because there was not enough evidence to convict Schirmer beyond a reasonable doubt.  U.S. District Court Judge Renee Bumb granted summary judgment on both claims to all defendants on the basis that there was probable cause to arrest the plaintiff.

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