Rivera v. Connolly et al
Filing
92
MEMORANDUM OPINIONAND ORDER re: 84 FIRST MOTION for Summary Judgment . filed by Judge. In light of the foregoing, Defendant's motion for summary judgment is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 84 and close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/1/2022) (jca) Transmission to Orders and Judgments Clerk for processing.
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 1 of 12
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
HARRY RIVERA,
Plaintiff,
-against-
MEMORANDUM OPINION
AND ORDER
18-CV-03958 (PMH)
SUPERINTENDENT CONNOLLY, et al.,
Defendants.
PHILIP M. HALPERN, United States District Judge:
Harry Rivera (“Plaintiff”), proceeding under 42 U.S.C. § 1983, alleged that a number of
New York State Department of Corrections and Community Supervision (“DOCCS”) employees
violated his constitutional rights during his incarceration at Fishkill Correctional Facility
(“Fishkill”) in April and May 2015. (See Doc. 16). On August 6, 2019, Judge Briccetti—before
whom this matter proceeded before its reassignment to this Court on March 17, 2020—issued an
Opinion and Order dismissing all but one claim. (Doc. 24).1 The sole claim that proceeded into
discovery was an Eighth Amendment excessive force claim against Correction Officer Andrew
Judge (“Defendant”). (Id. at 1). Discovery concluded on January 11, 2021. (Doc. 58).
Pending presently before the Court is Defendant’s motion for summary judgment.
Defendant’s moving papers were served on October 22, 2021. (Doc. 84; Doc. 85, “Def. Br.”; Doc.
86, “56.1 Stmt.”; Doc. 87, “Shevlin Decl.”). Plaintiff’s opposition papers were served on
December 3, 2021 (Doc. 88, “Pl. Br.”; Doc. 89, “Levine Decl.”), and the motion was briefed fully
with service of Defendant’s reply brief on December 17, 2021 (Doc. 90).
For the reasons set forth below, Defendant’s motion is GRANTED.
1
Judge Briccetti’s prior decision is available on commercial databases. See Rivera v. Connolly, No. 18-CV03958, 2019 WL 3564559 (S.D.N.Y. Aug. 6, 2019).
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 2 of 12
BACKGROUND
The undisputed material facts stem from the pleadings, the 56.1 Statement of Material
Facts, and the Declarations of Neil Shevlin and Alan Levine with their attachments.2
Plaintiff was incarcerated at Fishkill on May 6, 2015. (56.1 Stmt. at 3 ¶ 1; see also Shevlin
Decl., Ex. A ¶¶ 2-4; id., Ex. B ¶¶ 2-4; id., Ex. E at 51:16-19, 58:5-10).3 Defendant was employed
by DOCCS at Fishkill on that date. (56.1 Stmt. at 3 ¶ 2; see also Shevlin Decl., Ex. A ¶ 2). At
some point that day, an unidentified person slashed Plaintiff’s face with an unknown weapon. (56.1
Stmt. at 4 ¶ 4; see also Shevlin Decl., Ex. E at 58:5-59:16, 61:4-8). Plaintiff made his way to the
bathroom in Housing Unit A-East after the attack to examine and treat the wound. (56.1 Stmt. at
4 ¶ 5; see also Shevlin Decl., Ex. B ¶¶ 3-4; id., Ex. E at 61:23-63:22). Around this same time,
Defendant responded to a radio call directing him to that same bathroom in Housing Unit A-East.
(56.1 Stmt. at 3 ¶ 3; see also Shevlin Decl., Ex. A ¶ 3).
The stories diverge at this point.
Defendant says that Plaintiff exited the bathroom without incident, was escorted to the
infirmary, and complained only about the cut to his cheek. (56.1 Stmt. at 4 ¶¶ 6-7 ¶¶ 9-10; see
Shevlin Decl., Ex. A ¶¶ 9, 10; id., Ex. C ¶¶ 2-8; id., Ex. D ¶¶ 2-8; id., Ex. E at 81:10-20, 83:6-20).
Plaintiff remembers the events differently.
As Plaintiff tells the story, DOCCS employees told him to leave the bathroom—and he
2
The Court cites Defendant’s version of the 56.1 Statement of Material Facts because that filing includes:
(1) Defendant’s statement of facts (two pages); (2) Plaintiff’s response to Defendant’s statement of facts
with Plaintiff’s statement of additional facts (three pages); and (3) Defendant’s responses to Plaintiff’s
statement of additional facts (two pages). (See 56.1 Stmt.). Plaintiff’s version does not provide Defendant’s
responses to Plaintiff’s statement of additional facts. (Levin Decl., Ex. B). Citations to the 56.1 Statement
of Material Facts note both the corresponding page and paragraph.
3
Five separate documents are annexed to defense counsel’s declaration, but only one—a transcript—is
identified as an “exhibit” thereto. (See Shevlin Decl. ¶¶ 2-3). The other attachments have no such
designation. For ease of reference, citations to the items attached to defense counsel’s declaration identify
each attachment as a sequential exhibit (i.e., Ex. A, Ex. B, and so forth).
2
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 3 of 12
tried to do so—but Defendant stopped him. (56.1 Stmt. at 6 ¶ 9; see also Shevlin Decl., Ex. E at
68:4-19, 71:2-75:25). Plaintiff testified, in pertinent part, as follows:
A.
[Defendant] didn’t push me from behind. He pushed me
from the front back to the bathroom.
Q.
Where did he put his hands on you?
A.
On my chest.
Q.
So as you were trying to exit the bathroom?
A.
Because at first, I’m trying to get the attention, the sergeant’s
attention, and he’s like - - he told me to wait or something.
Q.
Who’s telling you to wait?
A.
[Defendant]. I’m trying to get the sergeant’s attention and . .
. he pushes me back into the bathroom.
....
Q.
What, if anything, did he say to you before he pushed you?
A.
He said, wait until they finish. I don’t know what they were
doing, but he said, wait until they’re finished. I said listen, I’m trying
to tell him, to get his attention to tell him something, and he pushes
me, he pushes me again. That’s when I fell.
Q.
He pushed you twice?
A.
He pushed me twice.
(Shevlin Decl., Ex. E at 71:18-73:16). Plaintiff insists that, because of the second push, he fell and
hit his lower back on a partition dividing toilet stalls. (56.1 Stmt. at 7 ¶ 10; see also Shevlin Decl.
Ex. E at 74:5-23, 76:5-15).4 Plaintiff stood on his own after the fall and “scream[ed]” at Defendant.
(Shevlin Decl., Ex. E at 77:5-7). Plaintiff was thereafter escorted to the infirmary. (56.1 Stmt. at 4
¶ 6; see also Shevlin Decl., Ex. A ¶ 9; id., Ex. E at 81:10-20, 83:8-20).
Notably, Plaintiff admits that he never complained to medical personnel about a back injury
on May 6, 2015, and concedes further that he has not sought treatment for any such injury in the
intervening years. (56.1 Stmt. at 4 ¶¶ 7-8; see also Shevlin Decl., Ex. C ¶¶ 2-8; id., Ex. D ¶¶ 2-8;
4
Plaintiff’s alleged material facts aver that the partition was metal. (56.1 Stmt. at 7 ¶ 10). Plaintiff testified,
however, that the divider was “made out of . . . a light plastic.” (Shevlin Decl., Ex. E at 74:16-17).
3
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 4 of 12
id., Ex. E at 87:6-15, 89:14-90:7). Indeed, he testified affirmatively that he complained to medical
personnel about only the cut on the date of the incident, he has neither sought nor received
treatment for his back injury, he cannot recall whether he complained to his current physician
about the back injury, he has not complained to medical personnel in his current facility about his
back injury, his back injury has not impacted his relationships, and any pain he experiences is “not
that bad.” (Shevlin Decl., Ex. E at 87:6-15, 90:5-15, 105:18-106:15, 109:24-111:3). In fact,
Plaintiff stated that he did not complain to medical personnel about his back injury on May 6, 2015
because he was “just uncomfortable” and “didn’t want to make a fuss about it.” (Id. at 90:2-4).
This litigation followed.
STANDARD OF REVIEW
Under Federal Rule of Civil Procedure 56, a “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). “A fact is ‘material’ if it ‘might affect the
outcome of the suit under the governing law,’ and is genuinely in dispute ‘if the evidence is such
that a reasonable jury could return a verdict for the nonmoving party.’” Liverpool v. Davis, 442 F.
Supp. 3d 714, 722 (S.D.N.Y. 2020) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986)). “‘Factual disputes that are irrelevant or unnecessary’ are not material and thus cannot
preclude summary judgment.” Sood v. Rampersaud, No. 12-CV-05486, 2013 WL 1681261, at *1
(S.D.N.Y. Apr. 17, 2013) (quoting Anderson, 477 U.S. at 248). The Court’s duty, when
determining whether summary judgment is appropriate, “is not to resolve disputed issues of fact
but to assess whether there are any factual issues to be tried.” Id. (quoting Wilson v. Nw. Mut. Ins.
Co., 625 F.3d 54, 60 (2d Cir. 2010)). Indeed, the Court’s function is not to determine the truth or
weigh the evidence; the task is material issue spotting, not material issue determining. Therefore,
4
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 5 of 12
“where there is an absence of sufficient proof as to one essential element of a claim, any factual
disputes with respect to other elements of the claim are immaterial . . . .” Bellotto v. Cty. of Orange,
248 F. App’x 232, 234 (2d Cir. 2007) (quoting Salahuddin v. Goord, 467 F.3d 263, 281 (2d Cir.
2006)). Claims simply cannot proceed in the absence of sufficient proof as to an essential element.
“It is the movant’s burden to show that no genuine factual dispute exists,” Vermont Teddy
Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir. 2004) (citing Adickes v. S.H. Kress
& Co., 398 U.S. 144, 157 (1970)), and a court must “resolve all ambiguities and draw all
reasonable inferences in the non-movant’s favor.” Id. (citing Giannullo v. City of New York, 322
F.3d 139, 140 (2d Cir. 2003)). Once the movant has met its burden, the non-movant “must come
forward with specific facts showing that there is a genuine issue for trial.” Liverpool, 442 F. Supp.
3d at 722 (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)).
The non-movant cannot defeat a summary judgment motion by relying on “mere speculation or
conjecture as to the true nature of the facts . . . .” Id. (quoting Knight v. U.S. Fire Ins. Co., 804
F.2d 9, 12 (2d Cir. 1986)). However, “[i]f there is any evidence from which a reasonable inference
could be drawn in favor of the opposing party on the issue on which summary judgment is sought,
summary judgment is improper.” Sood, 2013 WL 1681261, at *2 (citing Sec. Ins. Co. of Hartford
v. Old Dominion Freight Line Inc., 391 F.3d 77, 83 (2d Cir. 2004)).
Should there be no genuine issue of material fact, the movant must establish also its
“entitlement to judgment as a matter of law.” In re Davis New York Venture Fund Fee Litig., 805
F. App’x 79, 80 (2d Cir. 2020) (quoting FIH, LLC v. Found. Capital Partners LLC, 920 F.3d 134,
140 (2d Cir. 2019)). Stated simply, the movant must establish that the law favors the judgment
sought. Gonzalez v. Rutherford Corp., 881 F. Supp. 829, 834 (E.D.N.Y. 1995) (explaining “that
summary judgment is appropriate only when . . . law supports the moving party”); Linares v. City
5
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 6 of 12
of White Plains, 773 F. Supp. 559, 560 (S.D.N.Y. 1991) (explaining that summary judgment is
appropriate when “the law so favors the moving party that entry of judgment in favor of the movant
dismissing the complaint is proper”).
ANALYSIS
“A prison official’s use of force violates the Eighth Amendment when, objectively, ‘the
alleged punishment [was] . . . sufficiently serious,’ and, subjectively, ‘the prison official . . . [had]
a sufficiently culpable state of mind.’” Torres v. City of New York, No. 17-CV-06604, 2019 WL
7602181, at *6 (S.D.N.Y. Aug. 14, 2019) (quoting Boddie v. Schnieder, 105 F.3d 857, 861 (2d
Cir. 1997) (alterations in original)), adopted by 2019 WL 4784756 (S.D.N.Y. Sept. 30, 2019).
“The objective component of a claim of cruel and unusual punishment focuses on the harm done,
in light of ‘contemporary standards of decency.’” Wright v. Goord, 554 F.3d 255, 268 (2d Cir.
2009) (quoting Hudson v. McMillian, 503 U.S. 1, 8 (1992)). This objective component requires,
in the abstract, “that the conduct was objectively harmful enough or sufficiently serious to reach
constitutional dimensions.” Bradshaw v. City of New York, 855 F. App’x 6, 9 (2d Cir. 2021)
(quoting Harris v. Miller, 818 F.3d 49, 64 (2d Cir. 2016)). The subjective component, on the other
hand, requires a “showing that ‘the defendant had the necessary level of culpability, shown by
actions characterized by wantonness in light of the particular circumstances surrounding the
challenged conduct.’” Randolph v. Griffin, 816 F. App’x 520, 523 (2d Cir. 2020) (quoting Harris,
818 F.3d at 63). “[T]he test for wantonness is whether the force was used in a good-faith effort to
maintain or restore discipline, or maliciously and sadistically to cause harm.” Fabricio v. Annucci,
790 F. App’x 308, 310 (2d Cir. 2019) (quoting Harris, 818 F.3d at 63).
Of course, in evaluating an excessive force claim, courts must also bear in mind that “[n]ot
every push or shove, even if it later may seem unnecessary in the peace of a judge’s chambers,
6
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 7 of 12
violates a prisoner’s constitutional rights,” Romano v. Howarth, 998 F.2d 101, 105 (2d Cir. 1993)
(internal quotation marks omitted), and “not . . . every malevolent touch by a prison guard gives
rise to a federal cause of action.” Hudson, 503 U.S. at 9. “The Eighth Amendment’s prohibition of
cruel and unusual punishments necessarily excludes from constitutional recognition de minimis
uses of physical force, provided that the use of force is not of a sort repugnant to the conscience
of mankind.” Id. at 9-10 (internal quotation marks omitted). Still, “[w]hen prison officials
maliciously and sadistically use force to cause harm, a plaintiff need not demonstrate significant
injury because, in those circumstances, contemporary standards of decency always are violated.
Thus, the malicious use of force to cause harm constitutes an Eighth Amendment violation per
se.” Greenburger v. Roundtree, No. 17-CV-03295, 2020 WL 6561598, at *4 (S.D.N.Y. Jan. 16,
2020) (internal citations and quotation marks omitted), adopted by 2020 WL 4746460 (S.D.N.Y.
Aug. 16, 2020); see also Wright, 554 F.3d at 269 (“[W]here a prisoner’s allegations and evidentiary
proffers could reasonably, if credited, allow a rational factfinder to find that corrections officers
used force maliciously and sadistically, our Court has reversed summary dismissals of Eighth
Amendment claims of excessive force even where the plaintiff’s evidence of injury was slight and
the proof of excessive force was weak.”); White v. Marinelli, No. 17-CV-01094, 2019 WL
1090802, at *10 (N.D.N.Y. Mar. 8, 2019) (“[P]hysical assaults by guards to humiliate an inmate,
or in retaliation for past conduct, violate the Eighth Amendment.”).
The parties disagree about whether Defendant used force of any kind against Plaintiff.
There is no dispute that answering that question goes to the very heart of an excessive force case.
That such a factual disagreement exists, however, is not talismanic in adjudicating a summary
judgment motion. In such a scenario, “the evidence of the non-moving party will be believed as
true, all evidence will be construed in the light most favorable to the non-moving party, and all
7
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 8 of 12
doubts and reasonable inferences will be drawn in the non-moving party’s favor.” 12B Federal
Practice and Procedure, Civil Rules, Quick Reference Guide 1038 (2022 ed.). In that type of
situation—which is precisely what the Court encounters here—although the parties “give different
versions of the facts, summary judgment is not precluded unless the differences are material to the
outcome of the litigation.” Moss v. Ward, 450 F. Supp. 591, 594 (W.D.N.Y. 1978). Following this
guidance, the Court concludes that even if the events unfolded as Plaintiff testified, Defendant’s
motion must still be granted. See Castro v. City of New York, No. 16-CV-08147, 2020 WL
6782000, at *16 (S.D.N.Y. Nov. 18, 2020) (“Although the parties dispute exactly what happened
. . . the Court finds that no reasonable juror could conclude that Plaintiff has established an
excessive force claim . . . even viewing the evidence in the light most favorable to Plaintiff.”); see
also Gutierrez v. New York, No. 18-CV-03621, 2021 WL 681238, at *14 (E.D.N.Y. Feb. 22, 2021)
(noting, in a Fourth Amendment excessive force context, that “[a]lthough excessive force is a factintensive issue, the Court finds that summary judgment is warranted . . . because, even accepting
as true the most favorable version of Plaintiff’s testimony, no reasonable jury could find that the
officers’ conduct was objectively unreasonable”).
As Plaintiff recalls: (1) he tried to exit the bathroom; (2) Defendant told him to wait until
they (presumably the sergeant outside the bathroom) were ready; (3) Defendant pushed him back
into the bathroom; (4) he tried to exit the bathroom again; (5) Defendant pushed him a second
time; and (6) he fell, striking his back on a divider between stalls. (See 56.1 Stmt. at 6-7 ¶¶ 9-10;
see also Shevlin Decl., Ex. E at 68:4-19, 71:2-75:25). Nothing about Defendant’s conduct, even
in Plaintiff’s version of the story, is “repugnant to the conscience of mankind” or rises to the
dignity of an Eighth Amendment violation.
8
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 9 of 12
According to Plaintiff, Defendant shoved Plaintiff twice. As an introductory point, years
of precedent counsel that such conduct does not satisfy the objective prong of an Eighth
Amendment claim. See, e.g., George v. Cty. of Westchester, No. 20-CV-01723, 2021 WL 4392485,
at *9 (S.D.N.Y. Sept. 24, 2021) (“[C]omparable uses of force—where a corrections officer
forcefully shoves or pushes an inmate—are insufficient to satisfy the objective prong of an
excessive force claim.”); Armand v. Osborne, No. 11-CV-04182, 2014 WL 723381, at *8
(E.D.N.Y. Feb. 24, 2014) (“‘[A] de minimis use of force,’ including ‘push[es] or shove[s], even if
it may later seem unnecessary in the peace of a judge’s chambers,’ does not typically violate a
prisoner’s constitutional rights.” (quoting Sims v. Artuz, 230 F.3d 14, 22 (2d Cir. 2000) (alterations
in original)); Kornegay v. New York, 677 F. Supp. 2d 653, 660 (W.D.N.Y. 2010) (“[T]his was
nothing more than a push or shove, and it was certainly not of a sort repugnant to the conscience
of mankind.” (internal quotation marks omitted)); Suarez v. Kremer, No. 03-CV-00809, 2008 WL
4239214, at *6 (W.D.N.Y. Sept. 11, 2008) (“[E]ven if Erickson shoved Suarez as alleged by the
plaintiff, the plaintiff has failed to set forth a claim of constitutional dimension.”); James v.
Phillips, No. 05-CV-01539, 2008 WL 1700125, at *5 (S.D.N.Y. Apr. 9, 2008) (“True, plaintiff
need not show a significant injury but he must come forward with more than a de minimis use of
force. In this case, there was nothing more than a shove of an inmate who was not then
handcuffed.”); see also Keesh v. Quick, No. 19-CV-08942, 2021 WL 639530, at *6 (S.D.N.Y. Feb.
17, 2021) (“[T]hat Franco slammed the gate on Plaintiff and it bounced [off] his back are not
sufficiently serious to satisfy the objective standard.” (internal citations omitted)). In short, no
9
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 10 of 12
reasonable jury could conclude that the force used was so serious that it qualified as a violation of
the Eighth Amendment. Defendant’s motion is granted on this basis.5
The Court notes, however, that even if the shoves were not by their very nature de minimis
and therefore not cognizable under the Eighth Amendment, two further considerations rally in
support of granting summary judgment at this juncture.
First, the total lack of associated medical documentation along with Plaintiff’s admission
that he has never sought medical care for the injuries he allegedly sustained would—even if the
shoves were not, by their very nature, de minimis—lead to the conclusion that the force used was,
in fact, de minimis. See Morocho v. New York City, No. 13-CV-04585, 2015 WL 4619517, at *9
(S.D.N.Y. July 31, 2015) (granting summary judgment to defendants in an excessive force case
where the plaintiff “sought no medical attention . . . and has submitted no medical records or
photographs . . . .”); Murray v. Goord, 668 F. Supp. 2d 344, 361 (N.D.N.Y. 2009) (“While plaintiff
may have suffered injury . . . the de minimis nature of this injury is demonstrated in that the record
shows that after the initial examination plaintiff did not complain . . . nor did he seek any further
medical treatment . . . .”); Perry v. Stephens, 659 F. Supp. 2d 577, 583 (S.D.N.Y. 2009) (concluding
that the evidence, which included a notation from medical providers that the plaintiff denied injury,
revealed that the force used was de minimis); cf. Santiago v. City of Yonkers, No. 13-CV-01077,
2015 WL 6914799, at *8 (S.D.N.Y. Oct. 30, 2015) (“It is settled in this district that an open-handed
slap on the back of the head, with no medical evidence and no other evidentiary support of injury,
does not rise to the level of a constitutional violation.” (internal quotation marks omitted)).
5
This conclusion is underscored by the fact that this conduct is far less objectionable than other behavior
found insufficient to satisfy the objective prong of an Eighth Amendment excessive force claim. See, e.g.,
Tafari v. McCarthy, 714 F. Supp. 2d 317, 341 (N.D.N.Y. 2010) (concluding that throwing “urine and feces”
on plaintiff, “while certainly repulsive, is not sufficiently severe to be considered repugnant to the
conscience of mankind” (internal quotation marks omitted)).
10
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 11 of 12
Second, in Plaintiff’s version of events, Defendant shoved Plaintiff because Plaintiff
refused to comply with an order to remain in the bathroom momentarily. (See Shevlin Decl., Ex.
E at 71:18-73:16). Plaintiff’s testimony was that Defendant said to him, “[W]ait until they finish.”
(Id. at 73:8). Shoving an uncooperative inmate twice to ensure compliance with a directive to wait
is proportionate to a correction officer’s legitimate penological interest of maintaining control. See
Murray, 668 F. Supp. 2d at 361 (“It appears that the only force exerted by corrections officers
occurred when plaintiff attempted to exit the cell as the door was being closed. Based upon the
record now before the court, no reasonable factfinder would conclude that defendants exerted force
that was not proportionate to the need to further legitimate penological interests . . . .” (internal
citations omitted)); see also Casiano v. Ashley, 515 F. Supp. 3d 19, 26 (W.D.N.Y. 2021)
(concluding that “it was objectively reasonable” to “use some force” to compel a pretrial detainee’s
compliance with commands); Carmona v. City of New York, No. 13-CV-03273, 2016 WL
4401179, at *3 (S.D.N.Y. Mar. 1, 2016) (granting defendant’s motion for summary judgment on
a Fourteenth Amendment excessive force claim and observing that “[o]bvious security concerns
arise when a detainee suddenly walks away . . . with an unlocked handcuff and refuses to obey
orders to return”). Such a proportionate use of force is not excessive under the Eighth Amendment.
Plaintiff cannot establish, as a matter of law, that the force used to keep him in the bathroom
satisfies the objective prong of an Eighth Amendment excessive force claim. The Court, therefore,
need not and does not address the parties’ arguments with respect to the subjective prong or the
existence of qualified immunity.
11
Case 7:18-cv-03958-PMH Document 92 Filed 06/01/22 Page 12 of 12
CONCLUSION
In light of the foregoing, Defendant’s motion for summary judgment is GRANTED. The
Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 84
and close this case.
SO ORDERED:
Dated:
White Plains, New York
June 1, 2022
PHILIP M. HALPERN
United States District Judge
12
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?