Caceres v. the Port Auth. of N.Y.
| Citation | 631 F.3d 620 |
| Decision Date | 31 January 2011 |
| Docket Number | 09–3217–cv(XAP).,Docket Nos. 09–3064–cv(L) |
| Parties | Joseph CACERES, Plaintiff–Appellant–Cross–Appellee,v.The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Police Officer Michael Barry, (Shield No. 1810), Sergeant K. Cotrell, (Shield No. 304), Police Officer M. Lydon, (Shield No. 1585), Police Officer J. Malice, (Shield No. 2442), Police Officer A. Piniello, (Shield No. 1856), Police Lieutenant Roenzo Sangiorgi, (Shield No. 166), Police Officer Truglio, (Shield No. 2105), individually and in their official capacities, Defendants–Appellees–Cross–Appellants,John Doe, 1–10 individually and in their official capacity, the name John Doe being fictitious, as the true names are presently unknown, Jane Doe, 1–10 individually and in their official capacity, the name Jane Doe being fictitious, as the true names are presently unknown, Defendants. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
OPINION TEXT STARTS HERE
Brett Harris Klein, Leventhal & Klein, LLP, Brooklyn, NY, for Plaintiff–Appellant–Cross–Appellee.Scott Charles Occhiogrosso, Port Authority of New York and New Jersey, New York, NY, for Defendants–Appellees–Cross–Appellants.Before: JACOBS, Chief Judge, McLAUGHLIN and SACK, Circuit Judges.DENNIS JACOBS, Chief Judge:
Plaintiff–Appellant–Cross–Appellee Joseph Caceres was a painter on the George Washington Bridge, which is maintained and operated by the Port Authority of New York and New Jersey (“Port Authority”). After he parked near his work site without the requisite permit, his car was impounded at the Port Authority police station in New Jersey. When he went to pick up his car, a routine computer search of his name and date of birth showed that Caceres had a New York State Identification (“NYSID”) number, which is a (supposedly) unique designation assigned to each arrestee by the New York State Division of Criminal Justice Services. The search also linked Caceres to a “John Doe” bench warrant. Caceres was detained for two days, until the Port Authority supervisor, Defendant–Appellee–Cross–Appellant Roenzo Sangiorgi, determined the warrant was for another person who was erroneously issued the same NYSID number as Caceres.
Caceres sued Defendant–Appellee–Cross–Appellant Port Authority and numerous Port Authority officers for, inter alia, false arrest under state law and for violation of his federal constitutional rights under 42 U.S.C. § 1983. A jury assessed false-arrest damages at $10,000, joint and several, against the Port Authority and Sangiorgi. The United States District Court for the Southern District of New York (Koeltl, J.) entered a judgment, against the Port Authority in the amount of the verdict, and in favor of Sangiorgi as a matter of law on the ground of qualified immunity. For some reason, Caceres (not content with a damages award that was fully recoverable from the Port Authority) appealed the qualified immunity ruling; the Port Authority, which had been content to pay the judgment, then cross-appealed on the ground that absent liability of any of its officers, vicarious liability does not lie. We affirm the judgment in favor of the officer, and vacate the judgment against the Port Authority and remand to dismiss that claim for lack of jurisdiction.
Caceres challenges the qualified immunity ruling under both federal and state law. We review a district court's grant of judgment as a matter of law de novo, applying the same standards as the district court. Black v. Finantra Capital, Inc., 418 F.3d 203, 208 (2d Cir.2005). Judgment as a matter of law is appropriate when “a party has been fully heard on an issue” and “a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.” Fed.R.Civ.P. 50(a)(1). In our review, we “consider the evidence in the light most favorable to the party against whom the motion was made” and “give that party the benefit of all reasonable inferences that the jury might have drawn in his favor from the evidence.” Tolbert v. Queens Coll., 242 F.3d 58, 70 (2d Cir.2001) (quoting Smith v. Lightning Bolt Prods., Inc., 861 F.2d 363, 367 (2d Cir.1988)). Federal and state law entitlements are considered separately.
On the federal false arrest claim, Sangiorgi enjoys qualified immunity if “it was objectively reasonable for the officer to believe that probable cause existed” or if “officers of reasonable competence could disagree on whether the probable cause test was met.” Robison v. Via, 821 F.2d 913, 921 (2d Cir.1987).
At the threshold, Caceres argues that the warrant itself is facially invalid because it does not conform to the New York Criminal Procedure Law. However, Sangiorgi was an officer in a different jurisdiction, out of the thousands of jurisdictions in the United States, all of which may issue bench warrants with various characteristics and requirements. Similarly, Caceres argues that Sangiorgi failed in other respects to follow proper police procedures. Assuming that Sangiorgi erred, error is what is indulged by qualified immunity.
More particularly, Caceres emphasizes the several physical differences between himself and the descriptive particulars in the warrant. Height, weight and age were not grossly disparate, and some other features matched.1 But Caceres is a light- skinned Hispanic, whereas the warrant specified a black man of dark complexion.
A reasonable officer could have concluded nevertheless that the warrant was for Caceres. Complexion varies within a given race classification, and the descriptive terms in the warrant reflected one person's subjective classification at one point in time.2 A Port Authority officer might reasonably assume that the skin color and race information were entered incorrectly—particularly since height, weight, age, hair color and eye color were either accurate or within bounds.
Far more implausible was the actual explanation for the confusion: that two individuals were erroneously associated with the same NYSID number. That is so rare (if not unique) that it was unheard-of by the testifying officers. A reasonable officer could therefore have concluded that the “warrant hit” conferred probable cause notwithstanding an incompatible physical description, reasoning that a false hit from the historically reliable recordkeeping system—organized by NYSID number—is at least as rare as error in the physical description fields. Cf. United States v. Santa, 180 F.3d 20, 27 (2d Cir.1999) (). Three officers of the New York City Police Department came to the same conclusion: Caceres had been detained three times before on the basis of the same bench warrant. See Caceres v. Port Auth. of N.Y. & N.J., 646 F.Supp.2d 412, 418 (S.D.N.Y.2009). Caceres further argues that he professed innocence and explained to the Port Authority officers that the warrant was a mistake; but police are not bound to credit such protestations.
Accordingly, Sangiorgi is entitled to qualified immunity on the federal false arrest claim.
On the state law false arrest claim, Sangiorgi's liability is governed by the New Jersey Tort Claims Act (“NJTCA”). See N.J.S.A. § 59:3–1(a). Although the NJTCA provides a statutory “good faith” exception—a variant of a qualified immunity defense—the exception is unavailable in claims for false arrest or false imprisonment. See § 59:3–3. However, common law defenses that existed when the NJTCA was enacted were not preempted. See Fielder v. Stonack, 141 N.J. 101, 117, 661 A.2d 231 (1995) .
In deciding qualified immunity, the district court assumed that the New Jersey common law standard is coextensive with federal law, citing DelaCruz v. Borough of Hillsdale, 183 N.J. 149, 870 A.2d 259 (2005). See Caceres, 646 F.Supp.2d at 426; Joint Appendix at 489, 496. DelaCruz is ambiguous as to the availability of qualified immunity under New Jersey common law; but the court relied on the parties' own readings of the case, which (though divergent) were consistent in material respects. 3 Under these circumstances, we accept the parties' consensus. Cf. Walter E. Heller & Co. v. Video Innovations, Inc., 730 F.2d 50, 53 (2d Cir.1984) (). We therefore need not decide what New Jersey law would be if it were clear, which it is not.4
Sangiorgi is entitled to qualified immunity on the state law false arrest claim for the same reasons he enjoys qualified immunity on the federal claim. (And the state law claim would be insubstantial in any event.5)
The Port Authority argues that it cannot be held vicariously liable for the conduct of an employee (such as Sangiorgi) who has successfully established immunity.6 As a preliminary matter, we have an independent obligation to consider our subject matter jurisdiction to hear this claim even in the absence of a challenge from any party. See Dean v. Blumenthal, 577 F.3d 60, 64 (2d Cir.2009).
The Port Authority, a bi-state agency created by a compact between New York and New Jersey, enjoyed sovereign immunity until 1951, when New York and New Jersey consented to suits against it in limited circumstances. See Bunk v. Port Auth. of N.Y. & N.J., 144 N.J. 176, 183, 676 A.2d 118 (1996). The Port Authority's statutory immunity was waived by identical New York and New Jersey statutes that required a sixty-day notice of claim and commencement of suit within one year from the date of the accrual of the cause of action. See N.J.S.A. § 32:1–163; N.Y. Unconsol. Law § 7107. These requirements are jurisdictional. See Matthews v. Port of N.Y. Auth., 163 N.J.Super. 83, 85, 394 A.2d 172 (Law Div.1978), aff'd, 171...
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