Munoz et al v. The City of New York et al

Filing 152

MEMO ENDORSEMENT denying 151 Motion for Reconsideration re 151 MOTION for Reconsideration re; 150 Order on Motion for Summary Judgment,, . filed by Ryan Pierce, Kathy Henry, Rainard Wroten. ENDORSEMENT: Defendants' m otion proceeds from the mistaken premise that the Court's ruling was based on a view that Ms. Munoz's subjective intent was relevant to the probable cause or arguable probable cause issue. Rather, it was based on the existence of "a conflict in the testimony of witnesses as to whether Munoz was trying to help C.B. enter the ambulance or trying to pull him out." The resolution of that conflict depends not upon Ms Munoz's subjective state of mind, but on the objectiv e facts witnesses perceived. For example, was Ms Munoz exerting force on the body of C.B.? If so, was the force exerted such as would have assisted in propelling that 260 pound body up into the ambulance against the pull of gravity? Or was it exer ted so as to pull C.B. down onto the street from the ambulance step consistent with the pull of gravity? The short answer, for present purposes, is simply that the relevant facts remain to be determined. The motion for reconsideration is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/15/2021) (jca)

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