Brooks v. City of Buffalo

• Decision Date: 07 October 2022
• Docket Number: 668 CA 21-00841
• Citation: 2022 NY Slip Op 05629
• Parties: SERGIO BROOKS, PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, AND CITY OF BUFFALO POLICE OFFICER JOHN DOE, DEFENDANTS-APPELLANTS.
• Court: New York Supreme Court — Appellate Division

2022 NY Slip Op 05629

SERGIO BROOKS, PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, AND CITY OF BUFFALO POLICE OFFICER JOHN DOE, DEFENDANTS-APPELLANTS.

No. 668 CA 21-00841

Supreme Court of New York, Fourth Department

October 7, 2022

CAVETTE A. CHAMBERS, ACTING CORPORATION COUNSEL, BUFFALO (DANIEL MUSCARELLA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

THE LAW OFFICES OF MATTHEW ALBERT, ESQ., DARIEN CENTER (MATTHEW ALBERT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, CENTRA, WINSLOW, AND BANNISTER JJ.

Appeal from an order of the Supreme Court, Erie County (Catherine R Nugent Panepinto, J.), entered April 16, 2021. The order granted plaintiff's motion to amend his complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum Plaintiff commenced this personal injury action against the City of Buffalo (City) and then-unidentified City of Buffalo Police Officer John Doe (collectively, defendants), based on plaintiff's allegations that the officer injured him and violated his constitutional rights during an unlawful stop and frisk. After limited discovery, plaintiff moved to amend the complaint to add two named police officers and the City of Buffalo Police Commissioner (Commissioner) as defendants, and to add a cause of action based on 42 USC § 1983 against the Commissioner and the City. Defendants appeal from an order insofar as it granted the motion with respect to the Commissioner and the new cause of action. We affirm.

It is well settled that, "[a]lthough leave to amend a pleading should be freely granted (see CPLR 3025 [b]), it may be denied where the proposed amendment is palpably insufficient or patently devoid of merit" (Matter of DeCarr v Zoning Bd. of Appeals for Town of Verona, 154 A.D.3d 1311, 1314 [4th Dept 2017] [internal quotation marks omitted]; see Davis v South Nassau Communities Hosp., 26 N.Y.3d 563, 580 [2015]; Landco H & L, Inc. v 377 Main Realty, Inc., 203 A.D.3d 1601, 1602-1603 [4th Dept 2022]). Additionally, it is equally well settled that "the decision whether to grant leave to amend a [pleading] is committed to the sound discretion of the court" (Pink v Ricci, 100 A.D.3d 1446, 1448 [4th Dept 2012] [internal quotation marks omitted]; see Christian v Brookdale Senior Living Communities, Inc., 199 A.D.3d 1450, 1451 [4th Dept 2021]; Duszynski v Allstate Ins. Co., 107 A.D.3d 1448, 1449 [4th Dept 2013]).

The proposed amended complaint alleges, insofar as relevant here a violation of 42 USC § 1983, which "impose[s] liability... for conduct which subjects, or causes to be subjected the complainant to a deprivation of a right secured by the Constitution and laws" (Rizzo v Goode, 423 U.S. 362, 370-371 [1976] [internal quotation marks omitted]). "[A] plaintiff may prevail on a cause of action to recover damages pursuant to 42 USC § 1983 against a municipality where the plaintiff proves the existence of (1) an official policy or custom [on the part of a municipal defendant] that (2) caused the claimant to be subjected to (3) a denial of a constitutional right... For a cause of action pursuant to 42 USC § 1983 to lie against a municipality, the action that is alleged to be unconstitutional must implement or execute a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers..., or have occurred pursuant to a practice so permanent and well settled as to constitute a custom or usage with the force of law" (Bassett v City of Rye, 104 A.D.3d 889, 890-891 [2d Dept 2013] [internal quotation marks and brackets omitted]; see De Lourdes Torres v Jones, 26 N.Y.3d 742, 762 [2016]; Pendleton v City of New York, 44 A.D.3d 733, 736-737 [2d Dept 2007]). The proposed amended complaint alleges the existence of an extraconstitutional municipal "stop and frisk" policy, that the police officers unlawfully searched and allegedly injured plaintiff pursuant to that policy, and that the Commissioner unofficially authorized or exhibited deliberate indifference to that policy and determined that the actions that violated plaintiff's rights...