Bowden et al v. City of New York et al

Filing 163

OPINION AND ORDER re: 128 MOTION for Summary Judgment filed by Corrections Officer Salmon, City Of New York, Corrections Captain Biggs, Corrections Officer Reid (Shield No. 17728), Corrections Officer Smith (Shield No. 8447), Co rrections Officer Michael White. For the reasons set forth above, Defendants' motion for summary judgment is DENIED. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 128. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 1/2/2019) (ne)

Cir. 2000). But while it is true that "responding to the order of a superior officer" may serve to
immunize an inferior officer from suit, such situations tend to arise where the responding officer
is not privy to the details or circumstances that gave rise to the order. See Bilda, 211 F.3d at 175
("Upon receiving an explicit order to go to the home and seize the animal, [the subordinate
officers] had every reason to think that Captain Tyler had secured a warrant or concluded (possibly
based on exigent circumstances unknown to [the subordinate officers]) that one was
u1mecessary)."). Clearly, not every order from a superior officer entitles a defendant to qualified
immunity. Here, Defendants do not explain how Biggs' order could reasonably have led her
subordinates to "conclude that the necessary legal justification" for pepper spraying Knight
existed, given that - according to Knight - Reid and Smith had first-hand knowledge of the
relevant circumstances, and were aware that Knight was already in handcuffs and compliant, and
therefore posed no threat to the officers. Thus, Defendants are not entitled to qualified immunity
at this stage of the litigation.
IV.

CONCLUSION

For the reasons set forth above, Defendants' motion for summary judgment is DENIED.
The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 128.
Dated:

January 2, 2019
New York, New York

UNITED STATES CIRCUIT JUDGE
Sitting by Designation

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