Fernandez v. City of N.Y.
| Decision Date | 30 April 2020 |
| Docket Number | 17 Civ. 789 (PGG) |
| Parties | David FERNANDEZ and Joey Fernandez, Plaintiffs, v. The CITY OF NEW YORK; Police Officer Marco Padilla, Shield No. 25056.1; Police Officer Sergeant Danny Aguilar, Shield No. 2496; Police Officer "FNU" Rodriguez; John Doe #1; John Doe #2; Police Sergeant Elliott Zinstein; Police Officer "FNU" Freeman, Shield No. 19103; Police Officer Rene Calzada, Shield No. 23232; Police Officer Elbert Tim, Shield No. 15162; John Does and Richard Roes, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Jeffrey Adam Rothman, Jeffrey A. Rothman, Attorney at Law, New York, NY, for Plaintiffs.
Amatullah Khaliha Booth, Barry K. Myrvold, Corporation Counsel, City of New York, Brian Hannigan Zapert, New York City Law Department, New York, NY, for Defendants City Of New York, Police Officer Marco Padilla, Elliott Zinstein, "FNU" [First Name Unknown] Freeman, Elbert Tim.
Brian Hannigan Zapert, New York City Law Department, New York, NY, for Defendant Richard Roes.
Plaintiffs Joey and David Fernandez bring Section 1983 and state law claims against several New York City Police Department ("NYPD") officers and the City of New York (the "City"). (Second Am. Cmplt. ("SAC") (Dkt. No. 29) at 11-21) The claims arise from a November 3, 2015 incident in which Plaintiffs – who are brothers – had an argument at Joey Fernandez's home, during which Joey injured David. David called 911, an ambulance arrived, and David was treated for his injuries. NYPD officers also arrived at the scene, and arrested both brothers.
The parties have filed cross-motions for summary judgment. (Dkt. Nos. 77, 84) Defendants have also moved to seal a document submitted in connection with their motion. (Dkt. No. 95) For the reasons stated below, Plaintiffs’ motion for summary judgment will be granted in part and denied in part, and Defendants’ motion for summary judgment will be granted in part and denied in part. Defendants’ motion to seal will be granted.
Plaintiff Joey Fernandez lived in a rented bedroom in an apartment at 1199 Boston Road in the Bronx.2 He shared the common areas of the apartment with other tenants. (Pltf. R. 56.1 Stmt. (Dkt. No. 79) ¶¶ 1-2) Separate keys were necessary to enter the apartment and Joey's bedroom. (Id. ¶ 3)
On the evening of November 2, 2015, Plaintiff David Fernandez slept on the floor of Joey's bedroom, next to a bed that Joey was sharing with his girlfriend Keisha Caraballo. (Id. ¶¶ 22-24)
In the early morning hours of November 3, 2015, Joey had an argument with David, which led to Joey kicking his bedroom door. (Id. ¶¶ 5-6) The door fell off its hinges and struck David in the face, causing his nose to bleed. (Id. ¶¶ 7-8) David left the apartment, went outside the apartment building, and called 911 for medical care, "yelling on the phone that his nose was bleeding and that he needed an ambulance."3 (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶¶ 85-87) (Id. ¶ 88) At 7:18 a.m., an ambulance arrived, and David received medical care outside the building. (Id. ¶ 91)
NYPD officers Tim and Padilla reported to the scene at 7:23 a.m., and spoke with David outside the building.4 (Id. ¶¶ 101-03) Tim and Padilla then entered the apartment building. (Id. ¶¶ 106)
NYPD Sergeant Zinstein and Officer Freeman then arrived at the scene, and they also entered the apartment building. (Id. ¶¶ 105, 107) The record does not reveal which officers first arrived at Joey's apartment, but the parties agree that two unidentified officers knocked on the door of Joey's apartment. (Id. ¶¶ 109-10)
According to Joey, "the superintendent of his apartment building [then] opened Joey's apartment door for the police and let [the officers] into Joey's apartment." (Pltf. R. 56.1 Stmt. (Dkt. No. 79) ¶ 14) Officer Tim and Sergeant Zinstein entered Joey's apartment.5 (Def. R. 56.1 Stmt.
(Dkt. No. 86) ¶ 113; Pltf. R. 56.1 Stmt. (Dkt. No. 79) ¶ 42) "Joey told the police that they were not permitted to enter his bedroom."6 (Pltf. R. 56.1 Stmt. (Dkt. No. 79) ¶ 14)
Joey then had a conversation with certain unidentified police officers about his argument with David. (Pltf. R. 56.1 Stmt. (Dkt. No. 79) ¶¶ 13-14) Joey told the officers that "he had an argument with David, and that he – Joey – had kicked the bedroom door off of its hinges ... and it struck David in the face[,] injuring his nose."7 (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶¶ 116-17)
From the doorway to Joey's bedroom, Sergeant Zinstein observed the broken bedroom door, which was laying on the floor. (Id. ¶ 118) An unidentified officer then "stepped into Joey's bedroom, looked at the door which was laying on the floor, picked it up and put it against the wall, spoke to his partner and stepped out of the bedroom." (Id. ¶ 119) Officer Tim and Sergeant Zinstein then entered the bedroom. (Id. ¶¶ 120-21) The Defendant officers claim that Joey never told them not to enter the bedroom (id. ¶ 122), but Joey claims that he "told the police officers that they were not allowed to enter his room," and that Keisha "was in the room wearing only her panties and bra." (Pltf. R. 56.1 Stmt. (Dkt. No. 79) ¶¶ 18-19)
Sergeant Zinstein then instructed other unidentified officers to arrest Joey. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶¶ 123-24) Defendants claim that Officer Tim handcuffed Joey (id. ¶ 126), but Joey
Officers Tim and Freeman walked Joey out of the apartment building, toward a police vehicle.8 (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶¶ 128-29) Joey tried to speak with another officer, but was pushed towards Freeman and Zinstein's police vehicle. Joey resisted being placed in the car. (Id. ¶¶ 130-31) Force was used, but the parties dispute which officers used force, how much force was used, and when it was used. The parties agree that Joey was placed in a chokehold and punched while in the police car; that he was removed from the car; and that he was then kicked at least "a couple" times before being carried to a second police car. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶¶ 143, 147, 149)
Sergeant Zinstein, Officer Padilla, and other officers then approached the front of the apartment building, where David was standing. (Id. ¶ 157) Sergeant Zinstein instructed Officer Padilla to arrest David "based on his observations of the door, [and] his conversation with the female in the bedroom and [Officer Tim]."9 (Id. ¶¶ 123, 158) Officer Padilla then handcuffed David. (Id. ¶ 159) After being handcuffed, David stood near the ambulance for two to five minutes. (Id. ¶ 161) Joey was then brought out of the apartment building. (Id. ¶ 170)
Once Joey was brought outside, both David and Joey began yelling that they were not pressing charges. (Id. ¶ 171; Pltf. Add'l R. 56.1 Stmt. (Dkt. No. 96) ¶¶ 301-02) Plaintiffs also claim that they were yelling about the force officers were using on Joey.10 (Id. ¶¶ 303-04)
Officer Padilla brought David to a police vehicle and attempted to put him in the rear seat, but David resisted. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶ 163, 165) The parties dispute which officers used force, how much force was used, and when it was used. It is undisputed that David's nose came into contact with the police vehicle, but the parties dispute how that happened. Defendants say that David accidentally "bump[ed]" his nose into the car, while Plaintiffs say that Officer Padilla "slam[med]" David's nose into the car.11
Defendant Officers Calzada and Rodriguez arrived at the scene after Joey and David had been placed in handcuffs. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶ 176)
Joey arrived at the 42nd Precinct at 7:45 a.m. and was thrown on the floor by unidentified officers, in front of the desk where Sergeant Aguilar, the desk sergeant, was sitting.12 Joey was then searched and placed in a cell. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶ 181) While Joey was in a cell at the 42nd Precinct, Sergeant Aguilar was the only named Defendant in the vicinity. (Pltf. Add'l R. 56.1 Stmt. (Dkt. No. 96) ¶ 378-79)
Joey requested medical treatment. Officers called for an ambulance, and Joey was taken to Lincoln Hospital. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶¶ 201, 204)
David arrived at the 42nd Precinct at 7:48 a.m., and was put into a cell while still in handcuffs. (Id. ¶¶ 185-86) He was later taken to a hospital. (Id. ¶ 189) At David's request, officers loosened his handcuffs on the way to the hospital. (Id. ¶ 190) While David was in a cell at the 42nd Precinct, Sergeant Aguilar was the only named Defendant in the vicinity. (Pltf. Add'l R. 56.1 Stmt. (Dkt. No. 96) ¶ 378-79)
The parties dispute how long Joey and David were in their cells before being brought to a hospital; what complaints of pain they made after arriving at the hospital; the medical examinations that took place and the diagnoses that were made at the hospital; and the injuries that Joey and David had suffered.
As to Joey, Defendants assert that an ambulance was called at 7:52 a.m., arrived at the precinct at 8:26 a.m., and left for the hospital at 8:45 a.m. (Def. R. 56.1 Stmt. (Dkt. No. 86) ¶ 202) According to Defendants, Joey was in a cell at the precinct for 35 minutes before being brought to a hospital, and was in a cell for another two hours and 45 minutes after his return from the hospital. Plaintiffs assert that Joey...
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