Esperanza v. City of N.Y.

• Decision Date: 12 July 2018
• Docket Number: 15-CV-2612 (WFK) (PK)
• Citation: 325 F.Supp.3d 288
• Parties: Tina ESPERANZA, Reigge Edward, Asha Asharafan, and Lesly Briggs, Plaintiffs, 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, Defendants.
• Court: U.S. District Court — Eastern District of New York

325 F.Supp.3d 288

Tina ESPERANZA, Reigge Edward, Asha Asharafan, and Lesly Briggs, Plaintiffs,

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, Defendants.

15-CV-2612 (WFK) (PK)

United States District Court, E.D. New York.

Signed July 12, 2018

David A. Zelman, Brooklyn, NY, for Plaintiffs.

Tobias Eli Zimmerman, Gary Moy, New York City Law Department, New York, NY, for Defendants.

DECISION & ORDER

WILLIAM F. KUNTZ, II, United States District Judge:

Tina Esperanza, Reigge Edward, Asha Asharafan, and Lesly Briggs (collectively, "Plaintiffs") bring this action pursuant to 42 U.S.C. § 1983 and New York law against the City of New York (the "City"); New York City Police Department ("NYPD") Officers Nina McKenzie, Lazo Lluka, Taisha Skyers-Anderson, Robert Schmidt, and Sergeant Alfred Kelley (together, the "Individual Defendants"); and John/Jane Does 1-10.¹ Plaintiffs seek damages for alleged violations of their constitutional rights guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution, specifically as claims for (1) false arrest; (2) excessive force; (3) excessive pre-arraignment detention; (4) failure to intervene; and (5) violation of due process, all under 42 U.S.C. § 1983. Plaintiffs also allege violations under New York law for (1) false arrest; (2) assault and battery; and (3) pre-arraignment delay, and (4) municipality liability for the City, pursuant to Monell v. Dep't of Soc. Servs. of the City of New York , 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and under the common law doctrine of respondeat superior . Defendants now move under Rule 56 of the Federal Rules of Civil Procedure for summary judgment as to all claims asserted against them. For the reasons stated below, Defendants' motion is GRANTED in part and DENIED in part.

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 , 422 F.3d 47, 50 n.1 (2d Cir. 2005).²

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. Memo") 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, N.Y. Veh. & Traf. Law § 402(1), and Parking for Certain Purposes Prohibited, N.Y. Traf. R. § 4-08(n)(2). Pls. Opp'n at 5. The charges against Edward were dismissed on November 7, 2014. Id.

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. Id. Skyers, on the other hand, recalls Esperanza yelling, "[w]here's the bitch that said she's going to call ACS?" after which "someone pointed [Skyers] out," and an argument ensued. Id. ; Defs. Memo at 5. Officer Lluka then allegedly, unprovoked, grabbed Esperanza, lifted her up, slammed her face against the hood of a police car, and attempted to place Esperanza in handcuffs. Pls. Opp'n at 6. All three officers present denied observing Esperanza take any physical action against the officers. Id. at 18. Defendants contend that when Lluka used forced against Esperanza, he was trying to place her under arrest; Plaintiffs deny that Lluka intended to effect a lawful arrest, but admit Esperanza resisted the seizure. Defs. Facts ¶ 21; Pls. Facts ¶¶ 21-22. Officer Lluka is the only defendant accused of using physical force against Esperanza during this encounter. Defs. Facts ¶ 20. Esperanza was released at the scene. Pls. Memo at 7. As a result of this incident, Esperanza suffered severe bruising and was admitted to the emergency room at New York Methodist Hospital, where, as supported by hospital records, she was diagnosed with an ankle strain, thigh contusion

, and pain and swelling of her leg. Id.

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," id. , Briggs has admitted none of the Individual Defendants were in a position to prevent the alleged use of force against him, Defs. Facts ¶ 26. Briggs was also released at the scene. Pls. Opp'n at 9. Briggs was transported by ambulance to Kings County Hospital, where he was diagnosed with an abrasion of his left calf, after which Briggs required crutches to walk. Id. Briggs testified he was unable to work for approximately two weeks and still experiences pain in his left calf over two years after the incident. Id.

Asha Asharafan, Esperanza's cousin, also observed Esperanza's encounter with Lluka, and reached out...