Melinda Mitchell, et al. v. City of New York, et al.

Did the Second Circuit err in applying District of Columbia v. Wesby, 138 S. Ct. 577 (2018), to grant qualified immunity to the police defendants who arrested the plaintiff partygoers for trespass where, unlike the officers in Wesby, the police defendants submitted perjured statements concerning the factual basis for the arrests and never determined whether the partygoers had permission to be present in the property; and where there were numerous disputes of material fact as to the condition of the premises?

Did the Second Circuit err in holding that a civil rights plaintiff must show subjective malice by police defendants in order to assert a Fourth Amendment post-arrest, pre-trial wrongful seizure claim, since the Fourth Amendment employs a standard of objective reasonableness, and there is a split of circuit authority on the need to show malice?