## Facts

- Scott Wright and Jacqueline Musanti, strangers, were walking to work on a crowded Manhattan sidewalk during rush hour.
- Wright stepped in front of Musanti; Musanti kicked Wright’s legs from behind, initiating physical contact.
- A verbal and physical altercation followed in which Musanti hit, scratched, and threatened Wright.
- Police later arrived at Wright’s office, handcuffed and arrested him at his desk, and detained him in a patrol car for about 45 minutes.
- Wright was taken to a precinct, charged, and briefly held in a cell before being released.
- Musanti told police Wright was the initial aggressor, omitted that she had initiated the physical contact, and downplayed her own conduct.
- Musanti requested that officers press charges, and Wright was subjected to the burdens of criminal proceedings until the charges were dismissed.

## Issues

1. Whether Musanti’s kicking, hitting, scratching, and threatening conduct constituted assault and battery under New York law, and whether self-defense justified the conduct.
2. Whether Musanti could be liable for false arrest under New York law where police physically made the arrest, based on her statements and request to press charges.
3. Whether Wright proved entitlement to nominal, compensatory, and punitive damages, and the appropriate amounts.

## Decision

- After a bench trial, the court found Musanti liable for assault and battery.
- The court rejected Musanti’s self-defense theory, finding she was the initial aggressor.
- The court found Musanti liable for false arrest because she provided false and materially incomplete information to police and affirmatively pressed for charges, inducing the arrest.
- The court awarded Wright $1 nominal damages, $5,000 compensatory damages, and $10,000 punitive damages (total $15,001).

## Legal Principles

- Under New York law, intentional offensive physical contact constitutes battery, and intentional threatening conduct creating apprehension of imminent contact constitutes assault; self-defense requires credible proof of justification.
- A private complainant may be liable for false arrest if the complainant plays an active role in procuring the arrest, including by knowingly providing false or materially incomplete information and requesting or insisting on police action.
- Punitive damages may be awarded for intentional torts where the defendant’s conduct is sufficiently egregious, including conduct that knowingly misleads law enforcement and causes an unjustified arrest.

## Conclusion

The court held Musanti liable for assault, battery, and false arrest because she initiated the physical altercation and then induced Wright’s arrest by misleading police and pressing charges, warranting nominal, compensatory, and punitive damages.


Wright v. Musanti, No. 14 Civ. 8976, 2017 WL 253486 (S.D.N.Y. Jan. 20, 2017)