Brown v. City of New York et al
Filing
49
MEMORANDUM & ORDER: Defendants motion 36 for summary judgment is granted in part and denied in part. Summary judgment is granted as to plaintiffs claims for malicious prosecution and malicious abuse of process. Summary judgment is denied as to plaintiffs claims for false arrest, unlawful search, denial of a fair trial, and failure to intervene. Defendants motion to dismiss the municipal liability claim is denied. Ordered by Judge Frederic Block on 4/1/2013. (Innelli, Michael)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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NAEEM BROWN,
Plaintiff,
MEMORANDUM AND ORDER
08-CV-5095 (FB) (MDG)
-againstTHE CITY OF NEW YORK, New York City
Police Department Officer (“P.O.”)
EVAGELOS DIMITRAKAKIS, and P.O.
BOBBY MOHIP,
Defendants.
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Appearances:
For the Plaintiff:
ROSE M. WEBER, ESQ.
225 Broadway, Suite 1608
New York, NY 10007
For Defendants:
MICHAEL A. CARDOZO, ESQ.
Corporation Counsel, City of New York
MORGAN D. KUNZ, ESQ.
Senior Counsel
Special Federal Litigation Division
100 Church Street, Room 3-189
New York, NY 10007
BLOCK, Senior District Judge:
Plaintiff Naeem Brown alleges that Police Officer Evagelos Dimitrakakis, Police
Officer Bobby Mohip, and the City of New York (“the City”) violated his civil rights in
connection with his arrest and prosecution for allegedly selling crack cocaine. Plaintiff brings
the following claims under 42 U.S.C. § 1983: (1) false arrest; (2) malicious prosecution; (3)
malicious abuse of process; (4) unlawful search; (5) denial of a fair trial; (6) failure to intervene;
and (7) municipal liability. The municipal liability claim alleges that the City has policies or
practices of arresting minorities on the pretext of drug transactions, manufacturing evidence
in drug transactions, strip-searching without reasonable suspicion, and arresting innocent
people to meet productivity goals. He also raises a state law claim for malicious prosecution.
Dimitrakakis and Mohip assert the defense of qualified immunity.
Discovery has been conducted on the claims asserted against the individual
defendants, and defendants collectively move for summary judgment on these claims.
Discovery on the municipal liability claim has been stayed pending the outcome of the present
motions, and defendants now move to dismiss the municipal liability claim pursuant to
Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. For the reasons stated on
the record at oral argument and as set forth below, the summary judgment motion is granted
in part and denied in part. The motion to dismiss is denied.
I.
The following facts are drawn from the parties’ summary judgement
submissions and are uncontested unless otherwise noted.
On November 16, 2006, Officers Dimitrakakis and Mohip waited in a parked car
to watch for street narcotics sales at 101st Street and Northern Boulevard in Queens. Plaintiff
was standing on this corner, talking to other people. From here, the stories diverge.
According to defendants, Dimitrakakis saw a man, later identified as Adaberto
Perez, and a woman approach plaintiff at the corner. Dimitrakakis watched Perez hand
money to plaintiff, and then saw plaintiff squat down, reach into a hole in his pants, remove
a bag, and hand it to Perez. Dimitrakakis radioed his observations to other officers. Mohip
contends that he did not see this transaction and only learned about it from Dimitrakakis.
After the couple walked away, a sergeant stopped them and found crack cocaine on Perez.
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Perez was arrested and the woman was allowed to leave. Dimitrakakis saw her approach
plaintiff, gesturing in a manner that suggested she was telling him about the arrest. Plaintiff
left, and Dimitrakakis radioed a description of plaintiff and his movements. An unmarked
police car pulled into the intersection. Plaintiff started to run with two officers pursuing him
by foot and by car. Defendants’ version of events is drawn in part from deposition testimony
from Dimitrakakis, Mohip, the sergeant who arrested Perez, and the officers who pursued
plaintiff.
According to plaintiff, however, he did not sell drugs or engage in any actions
that could reasonably be interpreted as selling drugs. He was just talking to two friends on
the corner. He denies speaking with the woman, and denies speaking to or conducting any
transactions with Perez. Plaintiff maintains that he did not squat and remove an item from
a hole in his pants, though he admits he had a small hole in his pants. Plaintiff insists that he
did not run from the police. Plaintiff’s version of events is drawn in the main from his own
declaration and deposition testimony, in which he denies engaging in the conduct described
by Dimitrakakis and accuses Dimitrakakis of lying.
It is undisputed that Dimitrakakis arrested plaintiff, completed the arrest report,
filed the criminal court complaint, gave statements to prosecutors, and testified before the
grand jury and at pretrial hearings. It is also undisputed that plaintiff had $20 on him at the
time of his arrest, that he told an officer “I hope you don’t put this junkie on me” after seeing
Perez at the precinct, and that he told the police that he was in possession of marijuana. Perez,
the buyer, pled guilty to possession of a controlled substance. Plaintiff was indicted for sale
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and possession of a controlled substance. Plaintiff was held in custody for 13 months until he
was tried and acquitted.
II.
“The court shall grant summary judgment if the movant shows that there is no
genuine dispute as to any material fact and the movant is entitled to judgment as a matter of
law.” Fed. R. Civ. P. 56(a). On a summary judgment motion, the “evidence of the non-movant
is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 255 (1986).
A.
False Arrest
Defendants contend that they are entitled to summary judgment on the false
arrest claim because probable cause, or at least arguable probable cause, existed for plaintiff’s
arrest. They point out that it is undisputed that plaintiff was at the corner, was wearing
clothing that matched Dimitrakakis’s description, had $20 on him (roughly the value of the
drugs found on the buyer), was arrested near where the suspected dealer fled, stated “I hope
you don’t put this junkie on me,” and admitted marijuana possession. Defendants thus
contend that Dimitrakakis acted reasonably in reporting his observations and arresting
plaintiff, even if his beliefs were mistaken. Defendants also contend that Mohip reasonably
relied on Dimitrakakis’s observations since he did not personally witness the incident.
Plaintiff responds that summary judgment is inappropriate because significant
factual disputes exist. In particular, plaintiff insists that he was not selling drugs or doing
anything resembling that. He denies squatting, removing drugs from his pants, seeing Perez,
speaking with a woman, or running from police. He asserts that his clothing and actions
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match that of the suspected drug dealer because, once Dimitrakakis decided to pin the
transaction on him, Dimitrakakis falsely attributed plaintiff’s description and activities to the
drug dealer.
Defendants are correct in noting that “the existence of probable cause is an
absolute defense to a false arrest claim.” Jaegly v. Couch, 439 F.3d 149, 152 (2d Cir. 2006).
Arguable probable cause, for purposes of qualified immunity, exists if “(a) it was objectively
reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable
competence could disagree on whether the probable cause test was met.” Amore v. Novarro,
624 F.3d 522, 536 (2d Cir. 2010) (quoting Walczyk v. Rio, 496 F.3d 139, 163 (2d Cir. 2007)).
However, “[w]here the question of whether an arresting officer had probable
cause is predominantly factual in nature, as where there is a dispute as to the pertinent events,
the existence vel non of probable cause is to be decided by the jury.” Murphy v. Lynn, 118 F.3d
938, 947 (2d Cir. 1997). Here, plaintiff denies doing the very things that would have created
probable cause for his arrest. If plaintiff’s version of events is credited, he was not involved
in a drug transaction, and so there was no basis for Dimitrakakis to radio his description or
to arrest plaintiff. Further, because Mohip was sitting next to Dimitrakakis, there is a question
of fact as to whether Mohip witnessed the incident and thus had reason to believe that
Dimitrakakis was lying. The Second Circuit has emphasized that “[t]he weighing of the
evidence and the determination as to which version of the events to accept are matters for the
jury,” not for the Court on a summary judgment motion. Weyant v. Okst, 101 F.3d 845, 855 (2d
Cir. 1996); see also id. (“[Plaintiff] categorically denied using any obscenities . . . . Although
[defendants] gave evidence to the contrary, the district court was not entitled, on a motion for
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summary judgment, to credit their version of the facts and enter judgment based on its own
view that their version was more likely true.”); Diodati v. City of Little Falls, 04–cv–446, 2007
WL 189130, at *3 (N.D.N.Y. Jan. 22, 2007) (denying summary judgment since “the
reasonableness of [the officers’] beliefs regarding probable cause for Plaintiff’s arrest depends
upon whether the Court credits Plaintiff’s or Defendants’ version of sharply disputed facts”).
Accepting plaintiff’s testimony as true, there are genuine disputes regarding the existence of
probable cause, thereby rendering summary judgment on the false arrest claim inappropriate.1
At oral argument, defendants’ counsel insisted that plaintiff’s repeated denials
are insufficient to raise a triable issue, pointing to Williams v. City of New York, --F.Supp.2d ----, 2012 WL 6838934 (E.D.N.Y. 2012), in support of this proposition. The
Williams decision, however, disavows such a proposition.
Similar to plaintiff’s contentions in this case, the plaintiff in Williams
“denie[d] ever selling or assisting anyone in selling drugs and argue[d] that the sole
inference the fact-finder must draw from his denial is that the police officers lied about
observing plaintiff selling drugs, falsified paperwork, and misled prosecutors.” 2012
WL 6838934, at *4. The plaintiff argued that the “markedly different accounts of the
events that led up to plaintiff’s arrest” meant that the issue of probable cause must go to
the jury. Id. Unlike the present case, however, the plaintiff in Williams was arrested
pursuant to an arrest warrant after a grand jury indicted him. See id. at *3.
In rejecting plaintiff’s argument and granting summary judgment in favor
of defendants on the false arrest claim, the district court emphasized that the plaintiff’s
denials were insufficient to create a triable issue because he was arrested pursuant an
arrest warrant. See id. at *4. The district court distinguished the long line of Second
Circuit and district court cases, including Weyant, that had denied summary judgment
based on competing versions of events by stating that these cases “uniformly involve
arrests without warrants.” Id. The court reasoned that “[t]hese cases are inapplicable
here because plaintiff was arrested subsequent to an indictment and pursuant to an
arrest warrant, which presumptively establishes probable cause for the arrest.” Id. The
district court even acknowledged that “his denials create an issue of fact as to whether
he dealt drugs.” Id. Nevertheless, the district court found that the denials “do not
create a sufficient factual basis for a reasonable jury to decide the indictment and arrest
warrant were procured by fraud, perjury, or the misrepresentation or falsification of
evidence.” Id.
The present case does not involve an arrest warrant, and thus there is no
presumption of probable cause in the false arrest context and no heightened burden
requiring plaintiff to present sufficient evidence to overcome this presumption.
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B.
Malicious Prosecution
The elements of both federal and state malicious prosecution claims are (1) the
commencement of a criminal proceeding, (2) the favorable termination of that proceeding, (3)
lack of probable cause, and (4) malice as the motivation for commencing the proceeding.
Swartz v. Insogna, 704 F.3d 105, 111-12 (2d Cir. 2013). The Second Circuit has made clear that
probable cause defeats a claim of malicious prosecution, Dickerson v. Napolitano, 604 F.3d 732,
751 (2d Cir. 2010), and that a grand jury indictment “creates a presumption of probable cause,”
Savino v. City of New York, 331 F.3d 63, 72 (2d Cir. 2003). The Court finds that plaintiff has not
raised a triable issue as to the third element.2
In this case, a grand jury indicted plaintiff for sale and possession of a controlled
substance. Thus, in order to survive defendants’ motion for summary judgment on the
malicious prosecution claim, plaintiff must submit sufficient evidence to overcome the
presumption that there was probable cause to prosecute. See Savino, 331 F.3d at 73. The only
evidence that plaintiff has submitted to support his version of events (i.e., that Dimitrakakis
lied in the complaint and to prosecutors) is plaintiff’s own testimony. Although this evidence
is sufficient to raise a triable issue as to the false arrest claim, it is insufficient to raise a triable
issue as to the malicious prosecution claim. Unlike the false arrest claim, the malicious
prosecution claim requires plaintiff to affirmatively establish the absence of probable cause,
Plaintiff’s denials, in both his deposition and declaration, are sufficient to raise a triable
issue as to whether probable cause existed for plaintiff’s arrest.
Because the Court finds that plaintiff has failed to establish the lack of probable
cause, there is no need to consider whether he has satisfied the other three elements.
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2
imposes a presumption of probable cause based on a grand jury indictment, and requires
plaintiff to rebut this presumption using “evidence sufficient for a reasonable jury to find that
his indictment was procured as a result of police conduct undertaken in bad faith.” Id. Courts
have repeatedly determined that a plaintiff’s own testimony is insufficient to rebut the
presumption of probable cause. See, e.g., Simmons v. N.Y.C. Police Dep’t, 97 F. App’x 341, 343
(2d Cir. 2004) (“Although [plaintiff] testified that the arresting officer … told him that the
officers would falsify evidence and manipulate line-ups in order to implicate him, this
allegation is not, without more, sufficient to raise an inference that the indictment was
procured by fraud or bad faith conduct.”). Because plaintiff has not pointed to any evidence
(other than his own testimony) to support his allegation that Dimitrakakis lied to prosecutors,
the Court grants defendants’ motion for summary judgment on the malicious prosecution
claim.3
Plaintiff’s malicious prosecution claim confronts another legal obstacle, though
one that is not ultimately dispositive. The Supreme Court recently held in Rehberg v.
Paulk, 132 S.Ct. 1497, 1505-06 (2012), that grand jury witnesses are absolutely immune
“from any § 1983 claim based on the witness’ testimony.” The Supreme Court
emphasized that “this rule may not be circumvented . . . by using evidence of the
witness’ testimony to support any other § 1983 claim concerning the initiation or
maintenance of a prosecution.” Id. As a result of Rehberg, plaintiff cannot base his
malicious prosecution claim on the theory that Dimitrakakis lied to the grand jury, nor
can he use Dimitrakakis’s grand jury testimony to rebut the presumption of probable
cause. (It is questionable whether this testimony would even have strengthened
plaintiff’s case. Plaintiff does not contend that the testimony contains any
inconsistencies or other evidence that Dimitrakakis was lying; rather, plaintiff simply
contends that the grand jury testimony is another instance in which Dimitrakakis
reported the same false observations.)
Though Rehberg severely restricts the type of malicious prosecution claim
that plaintiffs can bring, Rehberg does not completely bar these claims. A plaintiff may
bring a malicious prosecution claim based on allegations of fabrication outside the
grand jury, see Matthews v. City of New York, 889 F. Supp. 2d 418, 439-40 (E.D.N.Y. 2012),
but he must still present supporting evidence that is sufficient to overcome the
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C.
Malicious Abuse of Process
To prevail on a malicious abuse of process claim, plaintiff must establish that
defendants “(1) employ[ed] regularly issued legal process to compel performance or
forbearance of some act (2) with intent to do harm without excuse or justification, and (3) in
order to obtain a collateral objective that is outside the legitimate ends of the process.” Cook
v. Sheldon, 41 F.3d 73, 80 (2d Cir. 1994). An improper purpose is required, not simply an
improper motive. See Hauser v. Bartow, 273 N.Y. 370, 374 (1937); Silver v. Kuehbeck, 217 F.
App’x 18, 21 (2d Cir. 2007).
Plaintiff contends that defendants abused the process by arresting him and
seeking his prosecution for the collateral objective of meeting “productivity goals” (i.e., arrest
quotas). Plaintiff has not presented sufficient evidence of this.4 Even had he presented
sufficient evidence, attempting to meet arrest quotas merely describes a possible motive. It
does not indicate that the officers used the legal process for a purpose other than “the purpose
for which the law created it.” Hauser, 273 N.Y. at 374.
D.
Unlawful Search
Plaintiff was strip-searched at the precinct and contends that this search was
presumption of probable cause. For example, a plaintiff may be able to rebut the
presumption by pointing to discrepancies in the official documents, see Boyd v. City of
New York, 336 F.3d 72, 77 (2d Cir. 2003), or to officers’ inconsistent testimony, see
McClellan v. Smith, 439 F.3d 137, 145-46 (2d Cir. 2006). Plaintiff alleges that Dimitrakakis
lied in the complaint and to prosecutors, and plaintiff supports this only with his own
testimony. While these allegations are sufficient to circumvent Rehberg, they are
insufficient to overcome the presumption of probable cause created by the indictment.
Plaintiff states that he has not yet obtained evidence of these quotas due to the
bifurcation of discovery on the municipal liability claim. Nevertheless, plaintiff had the
opportunity to question the officers and their supervisor about quotas during their
depositions but did not do so.
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unlawful. “The Fourth Amendment requires an individualized ‘reasonable suspicion that [a
misdemeanor] arrestee is concealing weapons or other contraband based on the crime
charged, the particular characteristics of the arrestee, and/or the circumstances of the arrest’
before she may be lawfully subjected to a strip search.” Hartline v. Gallo, 546 F.3d 95, 100 (2d
Cir. 2008) (alteration in original) (quoting Weber v. Dell, 804 F.2d 796, 802 (2d Cir. 1986)).
Defendants contend that there was reasonable suspicion for the strip search.
According to Dimitrakakis, the suspected drug dealer had drugs in a hole in his pants, and
plaintiff had a hole in the same place. Moreover, plaintiff told the police that he had marijuana
on him. Since the officers did not find it during the search incident to the arrest, defendants
contend that it was reasonable to infer that plaintiff had it hidden somewhere else on him. In
response, plaintiff reiterates that there is a factual dispute as to what Dimitrakis observed and
that plaintiff did nothing to give defendants reason to believe that he was involved in a drug
transaction. He further indicates that the record is unclear as to whether he made his
(purportedly erroneous) admission to possessing marijuana before or after he was stripsearched.
The Court agrees with plaintiff that these factual disputes preclude summary
judgment on the unlawful search claim. The record is presently unclear as to whether plaintiff
admitted to possessing marijuana before the search, and the parties vigorously contest
whether there was probable cause to believe that plaintiff had sold drugs.
E.
Right to Fair Trial
“When a police officer creates false information likely to influence a jury’s
decision and forwards that information to prosecutors, he violates the accused’s constitutional
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right to a fair trial, and the harm occasioned by such an unconscionable action is redressable
in an action for damages under 42 U.S.C. § 1983.” Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123,
130 (2d Cir. 1997). The harm is the deprivation of liberty that results from the fabrication. See
Zahrey v. Coffey, 221 F.3d 342, 349 (2d Cir. 2000). Though ultimately acquitted, plaintiff spent
13 months in jail and was subjected to the stress, risks, and costs associated with a criminal
trial.5
Because the Supreme Court held in Rehberg v. Paulk that grand jury witnesses
are absolutely immune “from any § 1983 claim based on the witness’ testimony,” defendants
are absolutely immune from claims based on their pretrial and grand jury testimony. 132 S.Ct.
1497, 1505-06 (2012); see also Briscoe v. LaHue, 460 U.S. 325, 335-36 (1983) (holding that police
officers are entitled to absolute immunity based on their trial testimony). Therefore, plaintiff
cannot allege that he was deprived of a fair trial on the basis of such testimony. See Jovanovic
v. City of New York, 486 F. App’x 149, 152 (2d Cir. 2012) (noting that plaintiff “cannot show
causation” on his claim for deprivation of a fair trial “because the only avenue by which the
testimony could reach the jury was through [the police detective’s] testimony, for which he
enjoys absolute immunity” (citing Rehberg; 132 S.Ct. at 1505; Briscoe, 460 U.S. at 335-36)).
Nevertheless, Rehberg is not a complete bar to plaintiff’s fair trial claim. Plaintiff
allegedly sustained harm in large part due to Dimitrakakis’s false criminal complaint and false
statements to prosecutors. Plaintiff’s right to a fair trial claim shall proceed on this basis. See
Contrary to defendants’ contentions, plaintiff’s fair trial claim is neither barred
by his acquittal, see Abdul-Rahman v. City of New York, 10-cv-2778, 2012 WL 1077762, at
*11 (E.D.N.Y. Mar. 30, 2012), nor by the fact that he also alleges false arrest and
malicious prosecution claims, see Ricciuti, 124 F.3d at 130; Nibbs v. City of New York, 800
F. Supp. 2d 574, 575-76 (S.D.N.Y. 2011).
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5
McCaffrey v. City of New York, 11-cv-1636, 2013 WL 494025, at *4 (S.D.N.Y. Feb. 7, 2013) (stating
that, despite Rehberg’s holding, “a police officer’s actions in suppressing exculpatory evidence
and influencing witnesses may be relevant to a fair trial claim”).
F.
Failure to Intervene
An officer who fails to intercede is liable for the preventable harm caused by the
actions of another officer where he observes or has reason to know that the other officer is
violating a person’s constitutional rights. See Anderson v. Branen, 17 F.3d 552, 557 (2d Cir. 1994).
Defendants argue that all claims against defendant Mohip should be dismissed since he had
no personal knowledge of the incident and reasonably relied on information from
Dimitrakakis. Plaintiff, however, points out that Mohip was sitting next to Dimitrakakis in
the police vehicle, and that Dimitrakakis had instructed Mohip to watch as the incident
unfolded. See Dimitrakakis Dep., Ex. C, at 69 (“I said just keep an eye - I said watch these
three individuals. I said it looks like, you know, something’s gonna take place here,… see
whatever you could see . . . if something I miss. . . .”).
The Court finds that a question of fact exists as to whether Mohip personally
observed the incident, given that he was seated next to Dimitrakakis and Dimitrakakis
instructed him to watch the individuals. A reasonable jury could find that Mohip personally
saw the incident, knew that Dimitrakakis was lying, and yet failed to intervene to prevent
plaintiff’s arrest or prosecution. Therefore, summary judgment as to defendant Mohip is
improper.
G.
Qualified Immunity
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Officers are generally entitled to qualified immunity if “(1) their conduct does
not violate clearly established constitutional rights, or (2) it was objectively reasonable for
them to believe their acts did not violate those rights.” Weyant, 101 F.3d at 857. “Summary
judgment on qualified immunity grounds is not appropriate when there are facts in dispute
that are material to a determination of reasonableness.” Thomas v. Roach, 165 F.3d 137, 143 (2d
Cir. 1999). According to plaintiff, Dimitrakakis made false statements to officers and
prosecutors, and Mohip was aware but did not intercede. Crediting these allegations,
summary judgment is not proper. See Babi-Ali v. City of New York, 979 F. Supp. 268, 275
(S.D.N.Y. 1997) (concluding that qualified immunity does not protect defendants who
allegedly falsified records and committed perjury).
III.
“[T]o hold a city liable under § 1983 for the unconstitutional actions of its
employees, a plaintiff is required to plead and prove three elements: (1) an official policy or
custom that (2) causes the plaintiff to be subjected to (3) a denial of a constitutional right.”
Wray v. City of New York, 490 F.3d 189, 195 (2d Cir. 2007) (alteration in original) (internal
quotation marks omitted). Here, plaintiff raises a municipal liability claim based on the
following alleged policies: (1) arresting minorities on the pretext of drug transactions; (2)
manufacturing evidence in drug transactions; (3) strip-searching without reasonable suspicion;
and (4) arresting innocent people to meet productivity goals.
The “complaint must contain sufficient factual matter, accepted as true, to ‘state
a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). At the motion to dismiss stage, the Court
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accepts all non-conclusory factual allegations as true and draws all reasonable inferences in
plaintiff’s favor. See id. at 678-79. Although no discovery has taken place on the municipal
liability claim, plaintiff has identified seven settled cases and a statement by a police
spokesperson in support of the alleged practices. The City argues that the broad allegations
fail to satisfy the pleading standard.
The Court finds plaintiff’s allegations sufficient to survive the motion to dismiss.
The policies alleged by plaintiffs are much better defined than in the case relied on by
defendants, where the plaintiff had alleged a policy of “purposely ignor[ing] violations of
individuals’ constitutional rights.” Rasmussen v. City of New York, 766 F. Supp. 2d 399, 408-10
(E.D.N.Y. 2011). Further, plaintiff may reference settlement agreements as support at the
motion to dismiss stage. See Ferrari v. Cnty. of Suffolk, 790 F. Supp. 2d 34, 46 (E.D.N.Y. 2011)
(denying motion to dismiss a municipal liability claim, reasoning that while citations to
pending lawsuits and settlement agreements will “not suffice to overcome summary judgment
. . . they do permit a plausible inference” of deliberate indifference). Defendants’ motion to
dismiss is denied, and plaintiff is entitled to proceed to discovery on his municipal liability
claim.
IV
For the foregoing reasons, defendants’ motion for summary judgment is granted
in part and denied in part. Summary judgment is granted as to plaintiff’s claims for malicious
prosecution and malicious abuse of process. Summary judgment is denied as to plaintiff’s
claims for false arrest, unlawful search, denial of a fair trial, and failure to intervene.
Defendants’ motion to dismiss the municipal liability claim is denied.
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SO ORDERED.
_________________________________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
March 29, 2013
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