Fowler-Washington v. City of New York
| Decision Date | 07 March 2023 |
| Docket Number | 19-CV-6590(KAM)(RER) |
| Parties | IKEEM FOWLER-WASHINGTON, PLAINTIFF, v. CITY OF NEW YORK, ET AL., DEFENDANTS. |
| Court | U.S. District Court — Eastern District of New York |
Plaintiff Ikeem Fowler-Washington (“Mr. Fowler Washington”) brought this action against New York City Police Officers Lawrence Avvenire, Kai Babb, Derrick Coleman, Roderick Dantini, Brian Donoghue, Thomas Gagliardi, James Geissler Shawn Hayes, Vincent Hoosack, Steven Humburg, Jason Mayo Jaipaul Ramdat, Derek Sambolin, James Sgaglione, Timothy Terrillion, Michael Tierney (collectively, the “Officer Defendants”), and the City of New York (with the Officer Defendants, “Defendants”), pursuant to 42 U.S.C. §§ 1981 and 1983, alleging violations of his Fourth, Fifth, Sixth,[1]and Fourteenth Amendment rights, specifically, the denial of the right to a fair trial and excessive force. (ECF Nos. 1, Compl.; 14, First Amended Compl.) Plaintiff's denial of fair trial claim is predicated on his contention that officers falsely stated that Plaintiff resisted arrest.
Defendants move for partial summary judgment with respect to the Plaintiff's denial of the right to a fair trial claim first as to Officer Defendants Sgaglione, Ramdat, Sambolin, and then as to all Defendants.[2]In his opposition memorandum, Plaintiff agrees that the denial of the right to a fair trial can be dismissed against Defendant Sambolin (ECF No. 109, Pl. Opp'n Mem. at p. 3) for lack of personal involvement. The Court agrees and dismisses the fair trial claim against Defendant Sambolin with prejudice. For the reasons set forth below, Defendants' motion for partial summary judgment is GRANTED IN PART AND DENIED IN PART.
In the instant action, Mr. Fowler-Washington claims that in the early morning of December 16, 2017, Defendants executed a search warrant at his home in Queens, attacked him, and fabricated evidence about his resisting arrest, which led to criminal charges. The Court has taken the relevant facts for Defendants' partial motion for summary judgment from the parties' respective Rule 56.1 statements of undisputed material facts, declarations, depositions, and exhibits.[3]Defendants' counsel Peter Brocker attaches to his declaration true and correct copies of exhibits and relevant portions of the deposition transcripts of Mr. Fowler-Washington and of the Officer Defendants. (See ECF Nos. 95, Brocker Decl.; 103, Brocker Decl.) The declaration of Plaintiff's counsel, Michael Lumer, attaches true and accurate copies of relevant portions of the deposition transcripts of Mr. Fowler-Washington. (See ECF No. 98, Lumer Decl.) Based on the parties' 56.1 statements, the Court recounts the undisputed facts in the light most favorable to the nonmoving party. See Capobianco v. City of New York, 422 F.3d 47, 50 n.1 (2d Cir. 2005). The Court also notes where facts are disputed by the parties.
On December 16, 2017, Defendants executed a search warrant for illegal drugs at 14-30 Red Fern Avenue, Apt. 1E, Queens, NY, where Mr. Fowler-Washington resided. (ECF No. 100, Pl. 56.1 Counter Statement ¶ 1.) Defendant James Sgaglione had obtained a search warrant from Queens County Judge John Zoll on December 13, 2017. .)
On the morning of December 16, 2017, Mr. FowlerWashington was awakened by a loud sound inside his apartment. (ECF No. 102, Defs. 56.1 Reply ¶ 12.) Mr. Fowler-Washington opened his bedroom door to see what was causing the noise, and saw Defendants in his apartment, executing their search warrant. (Id. ¶ 13.) From there, the parties' accounts of their encounter differ in significant ways. Though the Defendants have moved for summary judgment only against Plaintiff's denial of fair trial claim, facts regarding Plaintiff's excessive force claim are included to complete the record.
Mr. Fowler-Washington asserts that the Defendants did not mention anything about a search warrant and immediately began to strike him in the head and face. .) In his deposition, Plaintiff stated that by the time he got up out of his bed, the officers were in front of his bedroom door. .) He then testified how they “just attacked” and “started hitting” him. (Id. at p. 34.) Mr. Fowler-Washington could not see which police officer hit him, he “just felt a lot of hits” on the left side of his face, top of his head, and his back. (Id. at pp. 34-37.) He described the police officers “all around” him and that, in response to the officers hitting him, he “just stood there and put [his] head down.” (Id. at p. 36.)
Mr. Fowler-Washington was unable to provide more details on exactly which Officer Defendants participated in allegedly attacking him, and how many, because he explained that once his face was struck, his vision became blurry, blood from the cuts on his face dripped into his eyes, and he was unable to “do anything.” (Id. at pp. 37-38.) Mr. Fowler-Washington maintains under oath that he did not resist arrest or fight back in any way. (ECF Nos. 100, Pl. 56.1 Statement ¶¶ 15, 17; 109, Pl. Opp'n Mem. at p. 7.) It is undisputed between the parties that Mr. Fowler-Washington suffered cuts on his face that required nineteen sutures to close. (ECF No. 102, Defs. 56.1 Reply ¶ 16.)
Although Defendants admit that Mr. Fowler-Washington suffered cuts requiring sutures, they deny that any Officer Defendants struck Mr. Fowler-Washington. (ECF No. 102, Defs. 56.1 Statement ¶¶ 14-15.)
Defendants assert that Mr. FowlerWashington physically resisted officers' attempts to place him in handcuffs. (Id.) Defendant Sgaglione testified in his deposition that Defendant Avvenire told him that Mr. FowlerWashington had kicked his legs and flailed his arms while Defendant Avvenire attempted to arrest him. (ECF 110-1, Andrew Spears Decl., Ex. A, Sgaglione Dep. at p. 89.) Defendant Sgaglione, who swore out the criminal complaint, also said that he was told by Defendant Avvenire that Mr. Fowler-Washington resisted to such an extent that Defendant Avvenire suffered a laceration to his left middle finger. (Id. ¶ 17.) The parties do not provide evidence of whether Defendant Sgaglione witnessed any of the interaction between Mr. Fowler-Washington and Defendant Avvenire, but Defendant Sgaglione testified that he and Defendants Avvenire had a conversation regarding Plaintiff's arrest at the precinct, after the Plaintiff's arrest. Defendant Sgaglione did not remember whether or not Defendant Avvenire told him that Mr. Fowler-Washington kicked various Officer Defendants. (Id. at 90.)
Defendant Ramdat testified to having to defend himself and the other police officers against Mr. Fowler-Washington. (Id. at p. 171.) Defendant Ramdat stated that though he saw Mr. Fowler-Washington “struggling with Detective Sambolin,” he “did not see” Mr. Fowler-Washington “kick and punch Detective Sambolin.” (Id.) Defendant Avvenire described Defendants Ramdat and Sambolin “trying to restrain [Plaintiff], trying to grab his arms to handcuff him, but he was kicking and punching.” (ECF No. 103-2, Spears Decl., Ex. B, Avvenire Dep. at p. 58.)
As to the nature and source of Mr. Fowler-Washington's injuries, Defendant Ramdat stated in his deposition that he witnessed at least one laceration on Mr. Fowler-Washington's head and that it was bleeding. (ECF No. 103-1, Spears Decl., Ex. A, Ramdat Dep. at p. 128.) Defendant Ramdat described Mr. Fowler-Washington as “conscious and alert, but he did have visible injuries to his forehead.” (Id.) Defendant Ramdat stated Mr. Fowler-Washington caused his own head to strike the bedpost due to “his resistance and erratic movements” and that Defendant Ramdat had to “us[e] force by putting [his] hands on [Mr. Fowler-Washington] to prevent him from sustaining any more injuries.” (Id. at p. 172.)
Mr. Fowler-Washington was arrested on December 16, 2017, while inside of his home. (ECF No. 100, Pl. 56.1 Counter Statement ¶ 3.) Plaintiff contends that the arrest report falsely stated, inter alia, that Mr. Fowler-Washington “did actively flail his arms and legs, and grabbed the handcuffs of officers in an attempt not to be placed under arrest.” (ECF No. 95-3, Brocker Decl., Ex. C, Arrest Report No. Q17655530 at p. 1 (capitalization omitted).) Defendant Sgaglione was listed as the arresting officer and Defendant Ramdat was listed as the officer who entered the arrest report. (Id. at p. 3.)
Defendants assert that they recovered marijuana from their search of Mr. Fowler-Washington's apartment on December 16, 2017. (ECF Nos. 95, Defs. 56.1 Statement ¶ 2; ECF 95-2, New York City Laboratory Report No. 2017-109826.) The New York City Laboratory Report analysis indicated that the collected contraband from Mr. Fowler-Washington's apartment was identified as four bags of marijuana - with a total weight of 466.8 grams. (ECF No. 95-3, New York City Laboratory Report No. 2017-109826.) Defendant Sgaglione invoiced the drugs that were sent for analysis. (Id.)
Defendant Sgaglione then swore in a criminal complaint stating in relevant part, “on or about December 16, 2017 [Mr. Fowler-Washington] committed the offenses of: Criminal Possession of Marijuana in the Fourth Degree; Criminal Possession of a Controlled Substance in the Seventh Degree; Criminally Using Drug Paraphernalia in the Second Degree; and Resisting Arrest.” With respect...
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