Esperanza v. City of N.Y.
Esperanza v. City of N.Y.
Opinion of the Court
Tina Esperanza, Reigge Edward, Asha Asharafan, and Lesly Briggs (collectively, "Plaintiffs") bring this action pursuant to
*295excessive force; (3) excessive pre-arraignment detention; (4) failure to intervene; and (5) violation of due process, all under
BACKGROUND AND PROCEDURAL HISTORY
The following facts, drawn from the parties' Local Rule 56.1 Statements, declarations, deposition testimony, and other evidence submitted in support of the motion, are undisputed or described in the light most favorable to Plaintiffs, the non-moving party. Fed. R. Civ. P. 56(c) ; Capobianco v. City of New York ,
I. Relevant Background
Purchase of the 1992 Honda Civic
In January 2014, Tina Esperanza and her husband Reigge Edward purchased a 1992 Honda Civic for $1,500.00 in New Jersey, from a seller they met on Craigslist. Defs.' Statement of Undisputed Facts Pursuant to Local Civil Rule 56.1 ("Defs. Facts") ¶ 1, ECF No. 69. After Esperanza paid for the vehicle and acquired ownership of it, she and Edward discovered that the vehicle was not operating. Id. ¶¶ 2, 11. Although Plaintiffs refute the assertion that Edward also had ownership of the vehicle, see Pls.' Resp. to Defs.' 56.1 Statement ("Pls. Facts") ¶¶ 2, 12, ECF No. 74, the allegations regarding the ownership of the vehicle in the Second Amended Complaint ("SAC") ¶¶ 83-90, ECF No. 23, and in deposition testimony of both Edward and Esperanza, see Defs. Facts ¶¶ 2, 12-13, contest that assertion.
To move the non-operational vehicle to Brooklyn, New York, where they lived, Esperanza and Edward had the vehicle towed to a parking spot in front of their apartment building at 1184 President Street (the "Building"). Defs. Facts ¶¶ 3-4. Between January 2014 and May 7, 2014, the vehicle was not registered with the New York State Department of Motor Vehicles, had not been inspected and lacked a valid certificate of inspection displayed on the vehicle, and had no license plates. Id. ¶¶ 5-7.
Edward's Arrest on May 7, 2014
On May 7, 2014, at approximately 12:00 Noon, Edward changed the engine mounts on the Honda Civic while it was parked in front of the Building, which required lifting the engine with a mechanical jack. Id. ¶¶ 8-9; Pls.' Mem. in Opp'n to Defs.' Mot. for Summ. J. ("Pls. Opp'n") at 3, ECF No. 76. Later that day, at approximately 3:00 P.M., Edward went inside his house to retrieve a car battery. Pls. Opp'n at 3. When he returned, Edward encountered Officers Taisha Skyers-Anderson, Lazo Lluka, and Robert Schmidt, who were in uniform and on patrol. Id. ; Defs.' Mem. in Supp. of Mot. for Summ. J. ("Defs.
*296Memo") at 2, ECF No. 71. The officers noticed that the Vehicle Identification Number ("VIN") on the dashboard was covered by a rag and, upon further investigation, determined it did not match the other VINs on the car. Defs. Memo at 2; Defs. Facts ¶ 10. The officers then learned the car was not registered. Defs. Memo at 2. The officers asked Edward who owned the vehicle, and Edward answered that he did. Pls. Opp'n at 3. Upon the officers' request, Edward produced the title to the vehicle. Id. The officers did not attempt to issue a summons or ticket at any time, and a decision was made to arrest Edward for multiple offenses. Id. ; Defs. Memo at 2.
Thereafter, the officers informed Edward that he was going to be arrested and asked if there was someone who could watch his two children, who were also in front of the Building, together with Lesley Briggs, Esperanza's brother, and non-party Morad Miah, Esperanza's cousin. Defs. Memo at 2-3; Pls. Opp'n at 3. After Edward stated there was no one with whom he could leave the children, the officers threatened to call the Administration of Children's Services ("ACS") if Edward did not find someone to take care of the children. Defs. Memo at 3; Pls. Opp'n. at 43-4. Edward then called his wife Esperanza and explained that she had to come home right away because he was about to be arrested and police officers were threatening to call ACS. Defs. Memo at 3; Pls. Opp'n at 43-4.
According to Edward, after the call, he "got into a little argument" with one of the officers who then "went to grab [him], to toss [him] down on the floor"; Edward objected verbally to being thrown but did not resist. Defs. Memo at 3; Pls. Opp'n at 4. Edward suffered "a couple of scrapes ... [that] went away in a few days." Defs. Memo at 21. Officer Lluka is the only defendant who is accused of using physical force against Edward during this altercation. Defs. Facts ¶ 19. Edward then asked Briggs to take the children into the house. Pls. Opp'n at 4. Thereafter, the officers placed Edward in handcuffs, and the officers' supervisor Sergeant Alfred Kelley came to the scene and verified the arrest. Defs. Memo at 3; Pls. Opp'n at 4. Edward was released after spending approximately 27.5 hours in custody. Defs. Facts. ¶ 7. Edward was charged with Improper Display of Number Plates,
Events Following Edward's Arrest
Meanwhile, upon receiving the call from her husband, Esperanza left her job and returned home, arriving there after Edward's arrest. Defs. Memo at 4; Pls. Opp'n at 5. By this time, a crowd had gathered on President Street. Defs. Memo at 4-5. According to Esperanza, Skyers first said to her, "[i]f you are looking for the female who called ACS on your kids, I am the female," and Esperanza approached Skyers "in a pleasant manner" and conversed with her. Pls. Opp'n at 5. Esperanza asked Skyers why she had called ACS, explaining that she did not neglect her children and worked hard to support them and did not understand why Skyers had called ACS.
When Lesley Briggs witnessed Lluka use force against his sister, he came to her aid. Defs. Facts ¶ 23. However, Briggs was grabbed from behind by two officers and struggled with them, during which his leg became caught in the bumper of the police car, twisting his leg. Defs. Memo at 5; Pls. Opp'n at 9. Plaintiffs admit none of the Individual Defendants arrested Briggs or used physical force against him during this encounter. Pls. Facts ¶¶ 24-25. Although the Plaintiffs assert the Individual Defendants "failed to intervene,"
Asha Asharafan, Esperanza's cousin, also observed Esperanza's encounter with Lluka, and reached out instinctively. Defs. Memo at 6; Pls. Opp'n at 8. Plaintiffs state the only physical contact Asharafan made was her hand brushing either Esperanza or Lluka's arm, Pls. Opp'n at 8; Defendants contend Asharafan kicked either or both Lluka or Skyers-Anderson, Defs. Memo at 18. In response to the contact, Asharafan was arrested, at approximately 4:55 P.M., and was held in custody for approximately 25.5 hours. Defs. Facts ¶¶ 15, 18; Pls. Opp'n at 8. Asharafan was charged with Resisting Arrest,
Seizure of the 1992 Honda Civic
Later, Defendants towed the Honda Civic to the 71st Precinct. Pls. Opp'n at 10. According to Plaintiffs, at the time it was towed, the Civic contained a set of tools belonging to Edward, worth approximately $250.00.
II. Procedural History
Plaintiff commenced this action on May 6, 2015, ECF No. 1, and filed the SAC on March 31, 2016. The SAC purports to set forth nine claims against Defendants: (1) false arrest; (2) excessive force; (3) excessive pre-arraignment detention; (4) failure to intervene; and (5) violation of due process, all under
Defendants now move under Rule 56 of the Federal Rules of Civil Procedure for summary judgment as to all claims asserted against them. In Plaintiffs' opposition to Defendants' motion, Plaintiffs consent to the dismissal of defendant Officer Nina McKenzie from the case. Pls. Opp'n at 29. Therefore, the Court dismisses all claims against Officer McKenzie. Furthermore, Plaintiffs' opposition begins with an explicit list of the causes of action for which they oppose summary judgment. Pls. Opp'n at 1. Plaintiffs, by failing to offer any opposition to the claims other than the ones expressly listed, thereby abandon the remainder of their claims. Jackson v. Fed. Express ,
The Court now turns to the remaining claims: (1) false arrest under § 1983 and state law with respect to Esperanza, Briggs, and Asharafan; (2) excessive force under § 1983 with respect to Esperanza and Briggs; (3) assault and battery under state law with respect to Edward, Esperanza, and Briggs; (4) excessive pre-arraignment detention or delay under § 1983 and state law with respect to Edward and Asharafan; (5) failure to intervene under § 1983 with respect to all four plaintiffs; (6) violation of due process under § 1983 with respect to Edward; and (7) municipal liability against the City under § 1983 and state law.
*299LEGAL STANDARD
Summary judgment is appropriate where "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" by citation to materials in the record, including depositions, affidavits, declarations, and electronically stored information. Fed. R. Civ. P. 56(a)-(c). Affidavits and declarations, whether supporting or opposing a summary judgment motion, "must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated."
"In determining whether summary judgment is appropriate, [the] Court will construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the movant." Brod v. Omya, Inc. ,
If the moving party carries its preliminary burden, the burden shifts to the non-movant to raise the existence of "specific facts showing that there is a genuine issue for trial." Cityspec, Inc. v. Smith ,
*300DISCUSSION
I. False Arrest (First and Second Causes of Action)
All four plaintiffs assert claims for false arrest under § 1983 and New York law. However, as noted above, the Court deems any false arrest claim by Edward to be abandoned. With respect to the remaining § 1983 and state law false arrest claims, this Court denies Defendants' motion for summary judgment as to Esperanza's and Asharafan's claims, and grants Defendants' motion as to Briggs' claims.
A. Applicable Law
"A § 1983 claim for false arrest, resting on the Fourth Amendment right of an individual to be free from unreasonable seizures, including arrest without probable cause ... is substantially the same as a claim for false arrest under New York law." Weyant v. Okst ,
"In general, probable cause to arrest exists when the officers have knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime." Weyant ,
Where officers arrested a plaintiff without a warrant and without probable cause, the doctrine of qualified immunity, which shields government officials performing discretionary functions "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known," Harlow v. Fitzgerald ,
B. Analysis
1. Plaintiff Esperanza
Defendants argue that Esperanza was never arrested because "no one ever succeeded in putting her in handcuffs and taking her away." Defs. Memo at 15. Further, Defendants aver that even if Esperanza could establish she had actually been arrested, the officers had probable cause, or at least arguable probable cause, for her arrest, for the same violations for which Edward had been arrested and for "acting disorderly, cursing, and causing a scene." Id. at 16-17. In the absence of a formal charge, a person may still be "seized" within the meaning of the Fourth Amendment, and therefore have a basis for a false arrest claim, where "in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." United States v. Mendenhall ,
"The issue of precisely when an arrest takes place is a question of fact." Posr v. Doherty ,
Turning to the question of probable cause, as discussed above, the existence of probable cause depends on the facts and circumstances actually known to officers at the time of the arrest. Devenpeck ,
Defendants, without citing a single case in support of their argument, nor citing any statute or regulation that Esperanza was allegedly violating, claim that at least arguable probable cause existed to arrest Esperanza for her apparent disorderly conduct. Facts surrounding the encounter between Esperanza and Skyers-Anderson are disputed. Even taking Defendants at their word-that Esperanza was yelling and cursing at Skyers-Anderson-the facts alleged do not establish probable cause to arrest Esperanza because, as the Supreme Court has consistently recognized, "the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." City of Houston v. Hill ,
2. Plaintiff Briggs
Unlike Esperanza's claims for false arrest, Briggs' claims must fail by his own admissions. Briggs admits none of the named defendants arrested him or used force against him. Therefore, Individual Defendants are entitled to summary judgment on the false arrest claims brought by Briggs under § 1983 and New York law, and the Court need not consider whether Briggs' interaction with police officers on May 7, 2014 amounted to an arrest or whether probable cause existed to arrest him.
3. Plaintiff Asharafan
In contrast to Esperanza and Briggs, Asharafan was arrested in the formal sense and taken into custody. She was charged with violations of Resisting Arrest,
Pursuant to
With respect to Asharafan's charge for disorderly conduct, New York *303law provides, in relevant part, "[a] person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof ... [she] engages in fighting or in violent, tumultuous or threatening behavior."
Accordingly, because the Court finds there are questions of material fact as to whether probable cause existed to arrest Asharafan for resisting arrest and disorderly conduct, the Court denies summary judgment on the false arrest claims as to Asharafan.
II. Excessive Force and Assault and Battery (Third and Sixth Causes of Action)
As noted previously, the Court deems any claim for excessive force by Edward to be abandoned, but will consider Edward's claim for assault and battery under state law. Esperanza and Briggs bring claims for excessive force under § 1983 and for assault and battery under New York law. Asharafan is not asserting any claim for excessive force or assault and battery. See Defs. Memo at 19 n. 10. For the reasons stated below the Court denies Defendants' motion for summary judgment with respect to Edward's state law claim for assault and battery against Lluka, and Esperanza's claims against Lluka for excessive force under § 1983 and assault and battery under state law. The Court grants Defendants' motion with respect to Briggs' claims.
A. Applicable Law
Excessive force claims brought under Section 1983 are "judged under the Fourth Amendment's 'objective reasonableness' standard." Terranova v. New York ,
B. Analysis
1. Plaintiff Edward
Although Defendants argue officer Lluka was attempting to place Edward *304under arrest when he used force and Edward was resisting, see Defs. Memo at 21-22, these facts are disputed. According to Plaintiffs' version of the facts, there is no indication that Edward was actively trying to resist or to evade arrest, nor was he an immediate threat to the safety of the officers or others. Viewing the facts in the light most favorable to Edward, a reasonable jury could find the force allegedly used against Edward by defendant Lluka (grabbing and tossing Edward to the ground) was excessive in light of the factual circumstances, notwithstanding the very minor injuries Edward sustained ("a couple of scrapes"). See Hayes v. N.Y.C. Police Dep't ,
2. Plaintiff Esperanza
As with Edward, material issues of fact exist as to the level of force used by Lluka against Esperanza and the reasonableness of such force. Defendants argue the Court should dismiss Esperanza's excessive force and assault and battery claims because she fails to allege more than de minimis injury. However, it is not clear as a matter of law that any level of force against Esperanza was reasonable. Looking at the facts in the light most favorable to Esperanza, Lluka seized Esperanza and slammed her against a car without provocation. There is no allegation by any of the officers of any physical danger posed by Esperanza. Furthermore, there are genuine disputes of material facts as to whether Esperanza's arrest itself, which Lluka purportedly was intending to effect when seizing Esperanza, was justified by probable cause. Accordingly, Defendants' motion for summary judgment as to the excessive force and assault and battery claims brought by Esperanza against Lluka is denied.
3. Plaintiff Briggs
Like Briggs' claims for false arrest, his claims for excessive force against the Individual Defendants also fail by his own admissions. As discussed above, Briggs admits none of the named defendants arrested him or used force against him. The Court grants Defendants' motion for summary judgment on the excessive force and assault and battery claims brought by Briggs.
III. Excessive Pre-Arraignment Detention or Delay (Eighth and Ninth Causes of Action)
Plaintiffs Edward and Asharafan each claim they were subject to unreasonable pre-arraignment detention or delay under § 1983 and state law. For the reasons *305stated below, Defendants' motion for summary judgment as to all claims for excessive pre-arraignment detention or delay is granted, and Plaintiffs' Eighth and Ninth Causes of Action are dismissed.
A. State Law Claims
As an initial matter, Edward's and Asharafan's state claims for pre-arraignment delay under New York law fail as a matter of law.
B. Federal Law Claims
Edward's and Asharafan's § 1983 claims for excessive pre-arraignment detention fail for a different reason. The Supreme Court has held a jurisdiction that arraigns a defendant "within 48 hours of arrest will, as a general matter, comply with the promptness requirement" of the Constitution. Cty. of Riverside v. McLaughlin ,
Edward was released after spending approximately 27.5 hours in custody, and Asharafan was held in custody for approximately 25.5 hours. Both detentions were within the forty-eight hour period and, therefore, presumptively reasonable. Neither Edward nor Asharafan has cited any evidence in the record to support finding the delay was unreasonable. "Examples of unreasonable delay are delays for the purpose of gathering additional evidence to justify the arrest, a delay motivated by ill will against the arrested individual, or delay for delay's sake." Cty. of Riverside ,
Edward claims his delay was unreasonable because he was only charged with non-criminal traffic offenses, and he could have been issued a summons instead. Pls. Opp'n at 27. Under New York law, "a police officer may arrest a person for ... [a]ny offense when he or she has reasonable cause to believe that such person has committed such offense in his or her presence."
As for Asharafan's claim, she argues her pre-arraignment detention was excessive because her arrest was unsupported by probable cause. Pls. Opp'n at 30. The probable cause argument goes to her false arrest claim, and cannot be equated with her detention, which at 25.5 hours, was presumptively reasonable. The purpose of the probable cause determination, which is made at the arraignment in New York, is to determine whether or not there was probable cause for the arrest. See Bryant ,
IV. Failure to Intervene (Fourth Cause of Action)
The Second Circuit has recognized "all law enforcement officials have an affirmative duty to intervene to protect the constitutional rights of citizens from infringement by other law enforcement officers in their presence." Anderson v. Branen ,
With respect to Plaintiffs' remaining constitutional claims-(1) Esperanza's and Asharafan's claims for false arrest; (2) Edward's claim for assault and battery; and (3) Esperanza's claims for excessive force and assault and battery-their related claims for failure to intervene will also proceed. To the extent Briggs raises a failure to intervene claim against the Individual Defendants, that claim fails-like his false arrest and excessive force claims-because he admits that none of the named defendants were in a position to prevent the alleged use of force against him. Defs. Facts ¶ 26.
It is undisputed Skyers-Anderson, Lluka, Schmidt, and Kelley were at the scene during the alleged constitutional violations, and whether an officer can be held liable on a failure to intervene theory is generally a question of fact for the jury to decide. See Anderson v. Branen ,
V. Violation of Due Process (Seventh Cause of Action)
Plaintiffs Edward and Esperanza each set forth claims alleging that the City's *307confiscation of the Honda Civic constituted a deprivation of property without due process of law. However, as noted previously, the Court deems Esperanza's due process claim abandoned. With respect to Edward's due process claim, this Court grants Defendants' motion for summary judgment and dismisses the claim.
Defendants argue they are entitled to summary judgment on Edward's due process claim for three reasons: (1) although NYPD seized the car, it is prepared to return it once Edward obtains the necessary release; (2) Edward must exhaust existing remedies under state law before pursuing a takings claim under the Constitution; and (3) Edward abandoned the vehicle when he left it on the street without license plates, and ownership vested in the City because the value of the vehicle was less than $1,250.00 at the time of abandonment, pursuant to
"Deprivation of property by a state actor, whether intentional or negligent, does not give rise to a claim under § 1983 so long as the law of that state provides for an adequate post-deprivation remedy and the deprivation was the result of a 'random and unauthorized' act," rather than an established state procedure or practice. Johnson v. City of New York , 09-CV-4685,
Edward has not alleged he was deprived of his property due to systemic violations, rather than a "random and unauthorized" act by the arresting officers, and there are multiple adequate post-deprivation procedures available to Edward. The Second Circuit has held "on numerous occasions that an Article 78 proceeding is a perfectly adequate post[-]deprivation remedy." Hellenic Am. Neighborhood Action Comm. v. City of New York ,
VI. Municipal Liability (Fifth Cause of Action and Monell )
A. Respondeat Superior
The doctrine of respondeat superior renders an employer vicariously liable for torts committed by an employee acting within the scope of his or her employment. Beauchamp v. City of New York ,
B. Monell Liability
Finally, Defendants seek to dismiss Plaintiffs' claim for municipal liability arguing Plaintiffs do not state a viable claim against the City and fail to establish the existence of a widespread City policy, custom, or practice that was the cause of a violation of a federally-protected right, as required under Monell . Defs. Memo at 30-31. Indeed, although the SAC broadly alleges deliberate indifference by the City in failing to train and supervise their officers, in their memorandum in opposition, Plaintiffs appear to pursue only their municipal liability claim premised upon the alleged use of force by Lluka. See Pls. Opp'n at 50-52.
To prevail on a Monell claim, a plaintiff must show "a direct causal link between a municipal policy or custom and the alleged constitutional deprivation." City of Canton v. Harris ,
As the Supreme Court has cautioned, "deliberate indifference is a stringent standard of fault, requiring proof that a municipal actor disregarded a known or obvious consequence of his action." Connick v. Thompson ,
First, the plaintiff must show that a policymaker knows to a moral certainty that her employees will confront a given situation. Second, the plaintiff must show that the situation either presents the employee with a difficult choice of the sort that training or supervision will make less difficult or that there is a history of employees mishandling the situation. Finally, the plaintiff must show that the wrong choice by the city employee will frequently cause the deprivation of a citizen's constitutional rights.
Jenkins v. City of New York ,
"The operative inquiry is whether th[e] facts demonstrate that the policymaker's inaction was the result of conscious *309choice and not mere negligence." Cash v. Cty. of Erie ,
Plaintiffs set forth a theory of liability against the City for failure to supervise or train that amounted to deliberate indifference. Plaintiffs proffer support for the Monell claim through (1) allegations regarding prior misconduct by Lluka contained in a civil rights lawsuit brought by two plaintiffs in 2010 that resulted in a settlement in 2014; (2) news articles regarding a highly-publicized incident in 2016 that involved Lluka; and (3) a 2016 civil rights lawsuit naming Lluka that was settled by the City in 2017. See Pls. Opp'n at 11-14, 51-52.
The fact that Lluka has been previously named in other civil complaints does not establish a City policy or practice of not taking remedial action to remedy constitutional violations, as required by Monell . Plaintiffs do not allege any specific facts regarding whether the City investigated or disciplined Lluka in response to the complaints of excessive force. See Selvaggio v. Patterson ,
Because Plaintiffs' allegations fail to establish a Monell claim, the Court grants the City's motion for summary judgment on that claim.
CONCLUSION
For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. The Court rules as follows:
1. Defendants McKenzie and John/Jane Does 1-10 are dismissed from the case;
2. Plaintiff Briggs has no outstanding claims against Defendants;
3. Defendants' motion for summary judgment is DENIED with respect to the following claims, which will proceed to trial: (a) Esperanza's and Asharafan's claims *310for false arrest under § 1983 and state law; (b) Edward's claim for assault and battery under state law; (c) Esperanza's claims for excessive force under § 1983, and assault and battery under state law; (d) Edward's, Esperanza's, and Asharafan's related failure to intervene claims under § 1983 ; and (e) Edward's, Esperanza's, and Asharafan's respondeat superior claims against the City; and
4. Defendants' motion for summary judgment is GRANTED with respect to all other claims alleged against Defendants.
The Clerk of Court is directed to terminate the motion pending at ECF No. 68.
SO ORDERED.
As an initial matter, this Court dismisses the claims against the unnamed John/Jane Doe defendants. Plaintiffs have had ample opportunity throughout the course of discovery to identify the John and Jane Doe defendants, yet have failed to do so. Moreover, Plaintiffs have not suggested that there is any likelihood the unnamed parties will eventually be identified. "[W]here 'plaintiff [had] an opportunity to pursue discovery to identify the unknown defendants' but failed to do so, this Court adheres to the 'general rule' that disfavors the use of 'John Doe' to identify a defendant." Koon Chun Hing Kee Soy & Sauce Factory, Ltd. v. Star Mark Mgmt., Inc. , 04-CV-2293,
Citations to a party's Rule 56.1 statement and memorandum incorporate by reference the documents cited therein. The Court takes to be true facts stated in a party's Rule 56.1 statement supported by testimonial or documentary evidence and denied by the other party with only a conclusory statement without citation to conflicting testimonial or documentary evidence. See E.D.N.Y. Local Rule 56.1(c), (d).
In their opposition papers, Plaintiffs seek to assert an additional claim by Edward for an illegal strip search not included in their pleading. Pls. Opp'n at 36-38. Plaintiffs ask the Court to consider the claim "on the merits," id. at 36, despite the fact that the Court previously denied "leave to amend the Complaint to add a strip search claim by Plaintiff Edward." Order dated June 30, 2016. Plaintiffs cite Cruz v. Coach Stores, Inc. ,
Although the SAC does not identify any provision of state law as the source of the allegedly infringed rights, and Plaintiffs do not explicitly clarify their claim in their opposition papers, the Court assumes Edward and Asharafan intend to assert such claim under
Reference
- Full Case Name
- Tina ESPERANZA, Reigge Edward, Asha Asharafan, and Lesly Briggs v. The CITY OF NEW YORK Police Officer Nina McKenzie, Shield No. 25366 Police Officer Lazo Lluka, Shield No. 22410 Police Officer Taisha Skyers-Anderson, Shield No. 19146 Sergeant Alfred Kelley, Shield No. 01974 Police Officer Robert Schmidt, Shield No. 28045 and Police Officers John/Jane Does 1-10
- Cited By
- 10 cases
- Status
- Published