Dep’t 1997) (citation omitted); see also Merzon v. County of Suffolk, 767 F.Supp. at 448 (stating that “[t]he elements of a civil ‘battery’ [under New York law] are: (1) bodily contact, which is (2) harmful or offensive in nature, and (3) made with intent”). An unlawful, a claim for assault and battery may arise.” L.B. v. Town of Chester, 232 F.Supp.2d 227, 238 (S.D.N.Y.2002) (citing Sulkowska v. City of New York, 129 F.Supp.2d 274, 294 (S.D.N.Y.2001) (stating “[i]f an arrest is determined to be unlawful, any use of force against a plaintiff may constitute an assault and battery, regardless of whether the force would be deemed reasonable if applied during a lawful arrest”)); see also Johnson v. Suffolk County Police Dep’t, 245 A.D.2d 340, 341, 665 N.Y.S.2d 440, 440-441 (2d Dep’t 1997) (<HOLDING>). Accordingly, it is necessary for this Court
holding that arrest by the back door of defendants house was unlawful holding avoiding arrest is not the same as resisting arrest holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed holding that where arrest was unlawful police officer committed a battery when he touched plaintiff during arrest holding that arrest warrant permits police to enter residence of person named therein to make arrest