Brim v. The City of New York et al
ORDER granting in part and denying in part 61 Motion for Reconsideration re 62 Amended MOTION for Reconsideration re 58 Order on Motion for Summary Judgment filed by P.O. Ralph Giordano, The City of New York, Salvatore Mannino, Timothy Reilly. See attached. Ordered by Judge Sterling Johnson, Jr on 6/19/2015. (Figeroux, Davina)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
13 CV 1082 (SJ) (RER)
THE CITY OF NEW YORK,
P.O. TIMOTHY REILLY,
P.O. RALPH GIORDANO,
SGT. SALVATORE MANNINO,
MARSHALL SCOTT BLUTH
733 Third Avenue
New York, NY 10017
Attorney for Plaintiff
COHEN & FITCH
New York, NY 10279
Attorney for Plaintiff
Corporation Counsel of the City
of New York
100 Church Street, Room 2-144
New York, NY 10007
Joshua J. Lax
Attorneys for Defendant
JOHNSON, Senior District Judge:
Plaintiff Karen Brim (“Plaintiff”) filed the instant civil rights action against
The City of New York, Police Officers Timothy Reilly (“Reilly”) and Ralph
Giordano (“Giordano”) and Police Sergeant Salvatore Mannino (“Mannino”) after
she was involved in an altercation with the police that landed her in the hospital for
17 days, handcuffed to a bed with a broken leg. Pending before the Court is
Defendants’ motion to reconsider the June 4, 2015 order denying summary
judgment of Plaintiff’s claims.
Familiarity with the facts and circumstances
underlying the instant motion is assumed.
Claims Against the City of New York
Plaintiff has abandoned her claim of negligent hiring, training, supervision
and retention. Therefore, Defendants’ motion is granted as to this claim. However,
plaintiff’s claim that the Patrol Guide constitutes a municipal policy that caused a
violation of her constitutional rights cannot be dismissed at this stage.
Flemming v. City of New York, 2008 WL 80746, at *3 (S.D.N.Y. Jan. 2, 2008)
(finding Patrol Guide to be a formal written policy); Wu v. City of New York, 934
F. Supp. 581, 591 (S.D.N.Y. 1996) (same). While the Patrol Guide does not
mandate handcuffing all prisoners, a jury could find that the decision to handcuff
Brim was not objectively reasonable and that the Patrol Guide “played a part” in
that decision. See Davis v. Cnty. of Nassau, 355 F. Supp. 2d. 668, 675 (E.D.N.Y.
2005) (“[A] governmental entity may be held liable under Section 1983 only when
found to be a ‘moving force’ behind a constitutional deprivation.”) (citing
Kentucky v. Graham, 473 U.S. 159 166 (1985)). Therefore, Defendants’ motion is
The parties appear to be in agreement that Defendants Giordano and
Mannino were not personally involved in the delay in arraignment. Defendants’
motion is granted as to these two defendants only. As to Defendant Reilly, the
Court reserves decision.
As stated in the Court’s order denying summary judgment, this case is factintensive. Reilly claims Plaintiff swung a mop at him and hit him in the head with
her hand. Plaintiff denies doing that and claims he shoved her down the steps and
then fabricated a police report to justify her arrest. For the same reasons given in
the June 4, 2015 order, the goings-on in that stairwell on the afternoon of April 30,
2012 have to be determined by a factfinder, including whether Reilly’s conduct
amounts to intentional infliction of emotional distress or the denial of the right to a
fair trial. Defendants’ arguments to the contrary are unconvincing.
For the foregoing reasons, Defendants’ motion is granted in part, denied in
part, and reserved in part. Defendants’ motion to dismiss Plaintiff’s claim of
negligent hiring, training and supervision is granted, and Defendants’ motion to
dismiss Plaintiff’s excessive pre-arraignment delay and excessive force in bedside
handcuffing is granted as to Defendants Giordano and Mannino.
Dated: June 19, 2015
Sterling Johnson, Jr., U.S.D.J.
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