Cuvo will now be able to pursue his claim against the police for assault and battery, emotional distress, tales arrest and imprisonment, and malicious prosecution. The Court of Appeals stated that the officers involved in arresting Cuvo for driving under the influence did not have probable cause to do so. The arrest was made after a road traffic accident in 2001 near Cuvo’s home.
The ex wrestler claims that the reason he crashed his car into a fire hydrant and road sign was because he blacked out. He further claims that the blackout was the result of a physical attack he suffered under two weeks earlier from Easton Police officers. Following the crash, tests were carried out and no signs of alcohol or drugs were found in the wrestler’s blood.
The court of appeals panel stated that more evidence than just a crash is required in order for officers to carry out an arrest for driving under the influence.
Topic Added March 3rd, 2006
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