Plaintiff Droz was arrested and charged with violating
N.Y. Penal L. § 215.50(1) for “disorderly, contemptuous or insolent behavior, committed during the sitting of a court, in its immediate view and presence and directly tending to interrupt its proceedings,” after arriving at a courthouse and refusing to show to Code Enforcement Officer John C. Anderson what was in a brown paper bag he was carrying. Anderson told Judge Shirley Herder about the incident. The police were then summoned, and arrived, in the person of McCadden. McCadden then arrested Droz. The subsequent contempt charge against Droz was eventually dismissed. Droz then brought this action pursuant to
42 U.S.C. § 1983 against Herder and McCadden asserting,
inter alia, causes of action sounding in false arrest, malicious prosecution, and conspiracy to commit false arrest and malicious prosecution. Herder, having settled the claims against her, is no longer a party to this appeal.