Egan v. N.Y.C.

• Decision Date: 10 October 2018
• Docket Number: 16 Civ. 1479 (PGG)
• Parties: FRANK EGAN, Plaintiff, v. NEW YORK CITY, POLICE OFFICER MELVIN CHITTUM and POLICE OFFICER CESAR POLANCO, individually, and in their capacity as members of the New York City Police Department, Defendants.
• Court: U.S. District Court — Southern District of New York

FRANK EGAN, Plaintiff, v. NEW YORK CITY, POLICE OFFICER MELVIN CHITTUM andPOLICE OFFICER CESAR POLANCO, individually, andin their capacity as members ofthe New York City Police Department, Defendants.

16 Civ. 1479 (PGG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

October 10, 2018

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, U.S.D.J.:

Plaintiff Frank Egan brings claims under Section 1983 against the City of New York (the "City") and two officers of the New York City Police Department ("NYPD") - Melvin Chittum and Cesar Polanco - for false arrest, malicious prosecution, and denial of fair trial rights. Plaintiff's claims arise out of his arrest on March 9, 2015, for allegedly shining a laser pointer at aircraft landing and departing from LaGuardia Airport.

Officer Chittum and Sergeant Polanco ("Defendants") have moved for summary judgment arguing, inter alia, that they had probable cause to arrest Plaintiff pursuant to the doctrine of constructive possession.¹ In a September 30, 2018 short form order, this court denied Defendant Polanco's motion as to Plaintiff's false arrest, malicious prosecution, and denial of fair trial claims, and denied Defendant Chittum's motion as to Plaintiff's false arrest andmalicious prosecution claims. The Court granted Defendant Chittum's motion as to Plaintiff's denial of fair trial claim. The purpose of this memorandum opinion is to set forth the Court's reasoning.

BACKGROUND

I. FACTS²

A. Unlawful Use of a Laser Pointer

At the time of the incident at issue, Plaintiff Frank Egan was 36 and resided at 2801 Coddington Avenue in the Bronx. (See Siddiqi Decl., Ex. F (Egan Dep.) (Dkt. No. 34-6) at 18, 28)

Defendant Melvin Chittum has been an NYPD officer since 2006. (Siddiqi Decl., Ex. E (Chittum Dep.) (Dkt. No. 34-5) at 3-4) Defendant Cesar Polanco has been an NYPD officer since 2003. (Anderson Decl., Ex. 1 (Polanco Dep.) (Dkt. No. 40-1) at 3)

On March 9, 2015, NYPD Detective Richard Mardarello and Police Officer Royce Charles were assigned to the NYPD's Aviation Unit and were on patrol in an NYPD helicopter. (Def. R. 56.1 Stmt. (Dkt. No. 36) ¶ 1; see Siddiqi Decl., Ex. A (Mardarello Dep.) (Dkt. No. 34-1) at 8) Detective Mardarello was piloting the helicopter, and Officer Charles was the co-pilot. (Id. ¶ 2) The officers received a radio report that there was a laser being pointed at commercial aircraft landing and departing from LaGuardia Airport. At 8:05 p.m., the captain ofAmerican Airlines Flight 1152 observed a green laser light in the cockpit. The light distracted him and caused him to lose focus on his flight instruments. (Id. ¶¶ 3-4; see also Siddiqui Decl., Ex. H (Criminal Complaint) (Dkt. No. 34-8) at 2) At 8:06 p.m., the first officer of Shuttle America Flight 5921 observed a green light that illuminated the cockpit. He lost focus on the flight instruments and suffered pain in his right eye and head. (Id. ¶ 5) At 8:52 p.m., the first officer of Air Canada Flight 727 observed a green light that lit up the entire cockpit, causing him to suffer flash blindness for 3 to 5 seconds in his right eye, and to lose focus on flight instruments. He was treated at a Toronto hospital for eye irritation and burning. (Id. ¶ 6)

Mardarello and Charles flew to the vicinity of the complaint area, and eventually observed a green laser beam about 1.5 miles away. (Id. ¶ 8) The light hit the cockpit of the helicopter, and Detective Mardarello was temporarily blinded. (Id. ¶ 9) The officers were able to pilot the aircraft toward the source of the laser beam, and were able to pinpoint the origin of the light - 2801 Coddington Avenue in the Bronx. (Id. ¶¶ 10-12) Detective Mardarello maintained a position 300 to 400 feet in the air, across the street from that location. The officers in the helicopter were able to determine the window from which the laser beam was being pointed. (Id. ¶¶ 13-14)

Officer Charles contacted a nearby NYPD precinct, and at approximately 9:20 p.m., Officer Chittum and Officer Lopez (not a party to this litigation) received a radio communication directing them to 2801 Coddington Avenue. (Id. ¶¶ 15-16) The officers arrived at that location, and were joined a short time later by their supervisor - Sergeant Cesar Polanco. (Id. ¶ 17) The three officers entered the building, went to the apartment from which the laser was being shone, and knocked on the apartment door. A woman opened the door, and the three officers entered the apartment. (Id. ¶¶ 18-19)

Plaintiff had been in the apartment since about 8:05 p.m. Plaintiff's mother, sister, and his sister's boyfriend - Elehecer Balaguer - were also inside the apartment. (Id. ¶¶ 20-21; Egan Dep. (Dkt. No. 34-6) at 28-29)

B. Plaintiff's Account of the Arrest

According to Plaintiff, after he returned to the apartment, he ate dinner, went into his bedroom, turned on the TV, and dozed off at about 8:20 or 8:25 p.m. (Egan Dep. (Dkt. No. 34-6) at 43-44) Plaintiff was wearing jeans and a blue shirt. (Id. at 49) Plaintiff was woken by his sister, who said that police were banging on the door and wanted to talk to him. (Id. at 46-47) As Plaintiff woke up he saw a "light flashing through my window, shooting from on top of the building across the street. It was shooting . . . into my room." (Id. at 46) He opened his bedroom window and observed two police cars and a helicopter outside. Plaintiff then left his bedroom, passed through the living room, and entered the kitchen, where police officers were waiting. (Id. at 46-47) When he entered the kitchen, "[t]he cops asked me questions. They stated that I did something. That I was shooting a laser or something like that. They're telling me that this is yours, I'm lying, this and that." (Id. at 48) The officers told Plaintiff that they had found a laser on top of the refrigerator and stated that "it's yours." Plaintiff said "no, it's not." (Id. at 56) The police officers accused him of hiding in the apartment, and stated that he hadn't been sleeping, because he was in his work clothes. (Id. at 49)

Officer Chittum accused Plaintiff of shining the laser pointer. (Id. at 55) Officer Chittum then told Plaintiff that the officers were going to ask him questions downstairs, and Plaintiff agreed. (Id.) Plaintiff was then handcuffed by Chittum and taken to the 45th Precinct. (Id. at 56, 58)

C. Defendants' Account of the Arrest

Officer Chittum testified that as he approached Plaintiff's apartment, the officers in the helicopter shone a spotlight on the window that was the source for the laser beam. The window was in Plaintiff's bedroom. (Chittum Dep. (Dkt. No. 34-5) at 17-18)

Officer Chittum testified that as the officers entered the apartment, Plaintiff "came out from the living room area, and then [Polanco] was engaged in conversation with [Plaintiff.]" (Chittum Dep. (Dkt. No. 34-5) at 11) Three other individuals came from the "far back left bedroom." All four occupants of the apartment were then in the living room. (Id. at 12) Chittum said that as Balaguer came out of the bedroom, it appeared that he had been sleeping. (Id. at 17)

Officer Chittum then observed a laser device on the top of a "very short" refrigerator. (Id. at 12) Chittum operated the laser at some point while he was in the apartment. (Id.) Balaguer told Officer Chittum that he had "bought [the laser] in Florida when he was down in Florida." (Id. at 12-13)

Chittum also spoke with Plaintiff's mother and sister: the "mom was emotionally upset because of her health condition, and her daughter, she was . . . totally out of it. She was very [un]responsive when [Officer Chittum] tried to speak to her." (Id. at 13) Plaintiff told the officers that he had been watching TV and fell asleep. (Id.)

Sergeant Polanco instructed Officer Chittum to take Plaintiff into custody and Plaintiff was brought outside. (Id.) Officer Chittum testified that the officers in the helicopter "pointed [Plaintiff] out[] as the one operating the laser. . . . They informed us over the radio that he was the - it was confirmed of him having the laser. . . . They were instructing us that he was the one with the laser." (Id. at 13-14)

Sergeant Polanco testified that as the officers approached the apartment building, the officers in the helicopter said "they were going to point at the window where the light or where the laser was coming from." (Polanco Dep. (Dkt. No. 40-1) at 18) The officers then entered the apartment building and proceeded to the apartment identified by the officers in the helicopter. A woman admitted them to that apartment. (Id. at 19) According to Sergeant Polanco, the officers "kept asking her if there was somebody else in the apartment[,] [a]nd then her son comes out from the room." (Id. at 20) Sergeant Polanco testified that he did not see anyone else before Plaintiff came out from one of the bedrooms, and he does not recall that anyone else was in the apartment. (Id.) Polanco said that while he was inside the apartment, the officers in the helicopter shone a light on the same window they had before, and that window was in the kitchen. (Id.) According to Sergeant Polanco, he "stuck [his] hand out to make sure that was the right window, . . . which they confirmed." (Id. at 20)

As Sergeant Polanco walked back from the kitchen window, he saw a "black metal pipe type" object. "Laser" was written on the pipe in small red letters. He picked up the black pipe and pressed it, and it emitted a green light. (Id.) Plaintiff came out of a bedroom "once [Sergeant Polanco] found the laser." (Id.) Polanco asked, "[w]as anybody using this" or "[w]ho owns this" and Plaintiff responded "me." (Id. at 21) Plaintiff then stated, "I don't understand what's going on. Why are you guys here?" (Id.) The officers then handcuffed Plaintiff and walked him outside. (Id.)

Sergeant Polanco then asked the officers in the helicopter, "[i]s this the man that was pointing the laser," and someone responded "yes" over the radio. (Id. at 21)

Officer Charles testified that once the...