Betts v. Shearman

• Citation: 751 F.3d 78
• Decision Date: 02 May 2014
• Docket Number: No. 13–619–cv.,13–619–cv.
• Parties: John BETTS, Plaintiff–Appellant, v. Martha Anne SHEARMAN, City of New York, Police Officer Pablo Rodriguez, Defendants–Appellees, Police Officer Jane Doe, Defendant.
• Court: United States Courts of Appeals. United States Court of Appeals (2nd Circuit)

751 F.3d 78

John BETTS, Plaintiff–Appellant,

v.Martha Anne SHEARMAN, City of New York, Police Officer Pablo Rodriguez, Defendants–Appellees,Police Officer Jane Doe, Defendant.

No. 13–619–cv.

United States Court of Appeals,Second Circuit.

Argued: Sept. 19, 2013.

Decided: May 2, 2014.

Michael H. Joseph, Law Office of Michael H. Joseph, P.L.L.C., White Plains, NY, for Plaintiff Appellant.

Michael J. Pastor, (Kristen M. Helmers, on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants–Appellees City of New York and Police Officer Pablo Rodriguez.

Charles E. Dorkey, III, McKenna Long & Aldridge LLP, New York, N.Y. (Rebecca Tingey, on the brief), for Defendant–Appellee Martha Anne Shearman.

Before: WINTER, WALKER, WESLEY, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

In this appeal we consider whether the United States District Court for the Southern District of New York (J. Paul Oetken, District Judge ) erred in granting defendants' motions to dismiss the complaint in this 42 U.S.C. § 1983 action in which the plaintiff seeks damages arising from his arrest based on allegedly false accusations made by a complaining victim.

We hold, first, that because arguable probable cause existed to arrest Betts, his claims for false arrest, false imprisonment, abuse of process, and malicious prosecution were properly dismissed. Second, we hold that Betts's claim for denial of his right to a fair trial was properly dismissed because he failed to meet the required pleading standards. Finally, we hold that Betts's claims against defendant-complainant Martha Anne Shearman were properly dismissed because she did not act under the color of state law. Accordingly, we AFFIRM the judgment of the district court.

BACKGROUND

Because this appeal arises from the district court's dismissal on the pleadings pursuant to Rule 12(b)(6), we accept as true the following allegations set forth in Betts's complaint. See Doe v. City of New York, 15 F.3d 264, 266 (2d Cir.1994).

On January 20, 2011 at approximately 11:30 p.m., while Shearman was under the influence of alcohol and other controlled substances, she became verbally combative towards her then husband Betts. To avoid her, Betts locked himself in a spare bedroom. Shearman tried to force her way in and threatened Betts that if he did not let her in, she would call the police. Shearman then called the police and falsely accused Betts of assaulting her.

At approximately 1:00 a.m., Police Officers Rodriguez and Doe responded to the call. In their presence, Shearman accused Betts of assault, harassment, and of slamming her arm against the ground, causing her substantial pain. The officers forcibly entered the spare bedroom where Betts was sleeping and arrested him.

Betts alleges that the officers then assisted Shearman in making a false accusation and coached her in fabricating a version of the events to justify the arrest. Betts also alleges there were reasons for the officers to doubt Shearman's credibility: Shearman was obviously intoxicated, high, and appeared strung out; she had made false accusations against Betts in the past; and there was a lack of physical evidence to support an assault charge.

The officers charged Betts under New York law with assault in the third degree, harassment in the second degree and resisting arrest. Eventually the state court dismissed these charges with prejudice.

In April 2012, Betts filed a complaint in the district court against Shearman, Officers Rodriguez and Doe, and the City of New York. Betts brought claims against Officers Rodriguez and Doe for constitutional violations under 42 U.S.C. § 1983 and state law violations for false arrest, malicious prosecution, abuse of process, prima facie tort, and intentional infliction of emotional distress. His claimed constitutional violations against Shearman alleged that she was a “state actor” for purposes of § 1983. Betts also brought a claim under Monell v. Department of Social Services, 436 U.S. 658, 690–91, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), against the City of New York for allegedly having a “custom, policy, and practice” that permitted the constitutional violations.

On January 24, 2013, the district court granted the defendants' motions to dismiss. Betts v. Shearman, No. 12–cv–3195(JPO), 2013 WL 311124 (S.D.N.Y. Jan. 24, 2013). The district court held that Officers Rodriguez and Doe were entitled to qualified immunity on Betts's claims for false arrest, false imprisonment, and malicious prosecution because the officers had “arguable probable cause” to arrest Betts. Id. at *9–10, *12. The district court also dismissed Betts's claim for excessive force on the basis that he failed to meet the required pleading standards by alleging nothing more than that his shoulder was somehow injured during the arrest. Id. at *10–11. The district court dismissed the abuse of process claim for failing to plead a “nefarious aim” behind his prosecution, id. at *12, and the fair trial claim on the basis that the allegations were implausible, id. at *13. The district court dismissed Betts's § 1983 claims against Shearman because she was not a state actor and the pleadings were insufficient to establish that Shearman conspired with the officers or participated willfully in joint activity with them. Id. at *13–14. And finally, the district court dismissed Betts's claim against the City of New York because Betts's allegations that the officers acted in accordance with a City custom, policy, or practice were conclusory. Id. at *16.

The district court dismissed all of the federal claims with prejudice except Betts's excessive force claim against Officer Rodriguez, which was dismissed without prejudice. Id. The district court declined to exercise supplemental jurisdiction over Betts's state law claims. Id.

DISCUSSION

Betts does not appeal the dismissal of his excessive force claim, his claim against the City of New York, or his claims against Officer Doe. Rather, Betts urges this court to reverse the dismissal of the other claims. We hold that the district court neither erred in granting defendants' motions to dismiss nor abused its discretion in denying Betts leave to replead.

I. Dismissal of Betts's Claims

We review a district court's dismissal of a complaint under Fed.R.Civ.P. 12(b)(6)de novo and, in doing so, we “view the pleadings in the light most favorable to, and draw all reasonable inference in favor of, the non-moving party.” Doe, 15 F.3d at 266 (internal quotation marks omitted).

A. False Arrest, False Imprisonment, and Malicious Prosecution

Probable cause is a complete defense to a constitutional claim of false arrest, Singer v. Fulton Cnty. Sheriff, 63 F.3d 110, 118 (2d Cir.1995), and false imprisonment, Zanghi v. Vill. of Old Brookville, 752 F.2d 42, 45 (2d Cir.1985). And continuing probable cause is a complete defense to a constitutional claim of malicious prosecution. Kinzer v. Jackson, 316 F.3d 139, 143–44 (2d Cir.2003) (stating that probable cause is a defense to a claim of malicious prosecution if it is not later nullified by information establishing the defendant's innocence). “Probable cause exists when one has knowledge of, or reasonably trustworthy information as to, facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested.” Williams v. Town of Greenburgh, 535 F.3d 71, 79 (2d Cir.2008) (internal quotation marks and alterations omitted).

More specifically, probable cause exists if a law enforcement officer “received [ ] information from some person, normally the putative victim or eyewitness, unless the circumstances raise doubt as to the person's veracity. The reliability or veracity of the informant and the basis for the informant's knowledge are two important factors.” Panetta v. Crowley, 460 F.3d 388, 395 (2d Cir.2006) (internal quotation marks and citations omitted).

Even in the absence of probable cause, a police officer is entitled to qualified immunity where “(1) [her] conduct does not violate clearly established statutoryor constitutional rights of which a reasonable person would have known, or (2) it was ‘objectively reasonable’ for [her] to believe that [her] actions were lawful at the time of the challenged act.” Jenkins v. City of New York, 478 F.3d 76, 87 (2d Cir.2007) (internal quotation marks and citations omitted). Plaintiff's false arrest, false imprisonment, and malicious prosecution claims therefore turn on whether the defendant officers' probable cause determination was objectively reasonable—that is, whether there was “arguable” probable cause to arrest. Id. For the following reasons, we agree with the district court that the arresting officers had arguable probable cause and were entitled to qualified immunity.

As Betts alleged in his complaint, Shearman called the police and reported that Betts had, among other things, assaulted her. Betts also alleged that once the officers arrived at the apartment, Shearman again accused Betts of assault and harassment, although it is unclear from the complaint whether Shearman made this allegation before or after allegedly being “coached” by the officers to lie.

In any event, Officers Rodriguez and Doe responded to a domestic disturbance based on Shearman's report over the phone that she had been assaulted and found Betts locked in a bedroom. Betts alleged, and now argues, that the officers had reason to doubt Shearman's credibility because she was visibly intoxicated and had made false accusations against Betts in the past, and because there was a lack of physical evidence to support an assault charge.

Shearman's past false accusations, however, do not undermine a finding of arguable probable cause because Betts nowhere alleged that the officers knew of the prior accusations on the night Betts was arrested. See Panetta, 460 F.3d at 395. “When determining...