Frederick v. City of N.Y.
| Decision Date | 25 March 2016 |
| Docket Number | 13-CV-897 (MKB) |
| Parties | JOHN FREDERICK, Plaintiff, v. THE CITY OF NEW YORK, NEW YORK CITY POLICE OFFICER EDWIN SIMON #26883, NEW YORK CITY POLICE SGT. WAYNE MANGAN, NEW YORK CITY POLICE OFFICER DERRICK BOYD #10014, NEW YORK CITY POLICE OFFICER ARNOLD MURPHY #29794, NEW YORK CITY POLICE OFFICERS JOHN and JANE DOE, SEA GATE ASSOCIATION, SEA GATE N.Y. POLICE DEPARTMENT, SEA GATE POLICE CHIEF ROBERT ABRAHAM, JEFFREY FORTUNATO, LT. MOYSE, NEW YORK CITY POLICE LIEUTENANT ERIC CAMPBELL # 918740 and NEW YORK CITY POLICE DETECTIVE LAHMAR SANDERS #2884, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Plaintiff John Frederick, proceeding pro se, filed the above-captioned action on February 19, 2013 pursuant to 42 U.S.C. § 1983, alleging false arrest, false imprisonment and malicious prosecution in violation of the Fourth Amendment and violations of other rights under the United States Constitution and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. (Compl., Docket Entry No. 1.) By Memorandum and Order dated April 22, 2013, the Court granted Plaintiff's request to proceed in forma pauperis (the "April 2013 Decision"), and dismissed the Complaint for failure to state a claim against several Defendants and found that some of Plaintiff's claims for false arrest, false imprisonment and malicious prosecution were time-barred. Frederick v. City of New York, No. 13-CV-897, 2013 WL 1753063, at *1 (E.D.N.Y. Apr. 22, 2013); (see Docket Entry No. 7). The Court granted Plaintiff leave to amend his Complaint as to certain Defendants and claims. Id. Plaintiff subsequently amended the Complaint on four occasions. (Docket Entry Nos. 8, 9, 11, 13.) By Order dated April 22, 2014, the Court held that, with the exception of claims previously dismissed as time-barred, Plaintiff's other claims alleged in the Fourth Amended Complaint (the "FAC"), filed on March 18, 2014, were allowed to proceed (the "April 2014 Order"). (Docket Entry No. 21.)
On May 4, 2015, Defendants the City of New York (the "City"), New York City Police Officers Arnold Murphy, Derrick Boyd and Edwin Simon, Sergeant Wayne Mangan, Lieutenant Eric Campbell and Detective Lahmar Sanders (collectively, the "City Defendants") moved to dismiss the FAC.1 (City Defs. Mot. to Dismiss ("City Mot."), Docket Entry No. 62.) On May 4, 2015, Defendants Sea Gate Police Department (the "SGPD"), Sea Gate Police Chief Robert Abraham, Jeffrey Fortunato and Lieutenant Yengeny Gene Moyse (collectively the "SGPD Defendants") also moved to dismiss the FAC. (SGPD Defs. Mot. to Dismiss ("SGPD Mot."), Docket Entry No. 67.) On May 6, 2015, Defendant Sea Gate Association ("SGA") moved to dismiss the FAC.2 (SGA Mot. to Dismiss ("SGA Mot."), Docket Entry No. 60.) For the reasons stated below, the Court denies the City Defendants' motion to dismiss Plaintiff's false arrestclaim based on Plaintiff's 2010 arrest as to Officers Boyd and Murphy, Detective Sanders, and Lieutenant Campbell. The Court otherwise grants the City Defendants' motion to dismiss. The Court grants the SGA and the SGPD Defendants' motions to dismiss in their entirety.
On December 4, 2014, the City Defendants filed a request for a pre-motion conference in anticipation of filing a motion to dismiss the FAC. (Docket Entry No. 48.) Prior to the conference, both the SGPD Defendants and SGA also filed letters with the Court indicating their intent to move to dismiss the FAC. On December 10, 2014, the Court held a conference at which Plaintiff clarified his claims.3 (Min. Entry dated Dec. 10, 2014.) With the consent of the parties, the Court deemed the additional facts stated by Plaintiff on the record to be part of the FAC. (Id.) The City Defendants, the SDPD Defendants and SGA each subsequently moved to dismiss the FAC. (Docket Entry Nos. 60, 62, 67.) On May 26, 2015, Plaintiff filed an opposition to the motions to dismiss.4
On June 24, 2015, Plaintiff filed a letter with the Court in which he clarified his claims and requested leave to amend the FAC. (Pl. Letter dated June 24, 2015, Docket Entry No. 77.) On July 17, 2015, in response to Plaintiff's letter, the Court held a status conference and clarified Plaintiff's claims as: false arrest based on to the 2007,5 2009 and 2010 incidents, against all Defendants; malicious prosecution based on the 2007 and 2010 prosecutions, against all Defendants; conspiracy to violate his civil rights, against all Defendants; intentional infliction of emotional distress, against all Defendants; defamation, against SGA and the SGPD Defendants; assault, against Officers Boyd, Detective Sanders and Lieutenant Campbell; and a municipal liability claim against the City.6 (Min. Entry dated July 17, 2015.) All other claims were dismissed.7 In addition, the Court granted Defendants leave to file supplemental briefing insupport of their motions to dismiss the FAC in light of the clarification of Plaintiffs' claims. (Id.)
The facts alleged in the FAC are assumed to be true for the purposes of deciding Defendants' motions.
From 1983 until 1988, and from 1991 to "1998 / 2001,"8 Plaintiff was employed as an officer with the SGPD. (FAC ¶ 54, Docket Entry No. 13.) During his employment Plaintiff sued the SGPD for creating a hostile work environment and eventually settled the lawsuit pursuant to a stipulation of settlement. (Id. ¶¶ 35, 37-38.) From 1984 to the present, Plaintiff has also worked as a private investigator and, for business entity clients, as a "Watch Guard Patrol Agent," with responsibilities including "opening and closing these commercial business establishments." (Id. ¶¶ 50-51.)
Starting in 1978, Plaintiff possessed an "NYC Police Department Carry Conceal Pistol" license and a "Rifle / Shotgun Permit."9 (Id. ¶ 49.) In or about October of 1998, SGPD Officer Louis Telano "notified his contact" in the "pistol section" of the New York City Police Department ("NYPD") that Plaintiff "[d]id not need a pistol license for employment" at the SGPD because "his position is unarmed." (Id. ¶ 64; see Dec. 10, 2014 Tr. 24:14-24:18 (stating that Officer Telano's NYPD contact was "Stuyvesant," a police officer).) Plaintiff states that, asa result, his firearm license was revoked and this led to his termination with the SGPD for failure to maintain his firearm license. (See FAC ¶¶ 26, 41-42, 64.)
Plaintiff further alleges that representatives of SGA and the SGPD made "false, incomplete, and misleading statements" to "several potential employer(s)," which prevented him from obtaining various positions. (Id. ¶¶ 39, 147.) Among the allegedly defamatory statements, on or about February 13, 2002, SGPD Police Chief Abraham incorrectly informed a potential employer that Plaintiff had been terminated for misconduct. (Id. ¶¶ 147-48.) According to Plaintiff, in or about 2006, the SGPD also provided false information to the New York City Hospital Police, the New York City Department of Personnel and NYPD. (Dec. 10, 2014 Tr. 21-22.)
Plaintiff was stopped by NYPD officers on four occasions, including twice in 2007, allegedly in violation of his constitutional and other rights. (See FAC ¶ 20.) On or about November 9, 2007, Plaintiff was arrested by NYPD officers, including Simon and Magman (the "November 9, 2007 Incident"). (Id. ¶¶ 72-74.) Plaintiff was stopped while driving his car, which bore a license plate within a Fraternal Order of Police frame. (Id. ¶ 72.) The NYPD officers questioned Plaintiff about an SGPD identification card that Plaintiff had in his possession.10 (Id. ¶ 73.) According to Plaintiff, Officer Simon stated that both Plaintiff's SGPD identification card and his firearm license were forgeries and arrested Plaintiff. (Id.) While conducting a search of Plaintiff's vehicle incident to his arrest, NYPD officers recovered a firearm. (Id.) Plaintiff was charged with criminal possession of a forged instrument in the thirddegree, criminal impersonation in the second degree, and possession of a rifle or shotgun. (Id. ¶ 75.)
Plaintiff was arrested again on November 14, 2007 (the "November 14, 2007 Incident"). (Id. ¶ 77.) NYPD officers, including Officers Murphy and Boyd, approached Plaintiff while he was standing outside of his parked car. (Id. ¶¶ 77-78.) According to Plaintiff, Officer Boyd "approache[d] [him] with physical force," "place[d] his hand inside [P]laintiff's pockets," and removed Plaintiff's wallet. (Id. ¶ 78.) Plaintiff "demanded" that Officers Murphy and Boyd take their hands off him. (Id.) Plaintiff was handcuffed while the officers searched his car. (Id.) Plaintiff states that Officer Murphy remembered him from the November 9, 2007, arrest and that Officer Boyd called Officer Simon on his cellular phone and stated "I found Frederick." (Id.) The NYPD officers found an older SGPD identification card in Plaintiff's wallet and removed Plaintiff's firearm license and shotgun registration from the vehicle. (Id. ¶ 79.) Plaintiff was arrested and charged with criminal possession of a forged instrument in the third degree and criminal impersonation in the second degree. (Id. ¶ 80.)
On December 3, 2009, Plaintiff proceeded to trial on two counts of criminal possession of an instrument in the third degree, two counts of criminal impersonation in the second degree, and possession of a firearm.11 (Id. ¶¶ 84-85.) On December 7, 2009, a jury convicted Plaintiff of criminal possession of a forged instrument in the third degree and criminal impersonation in the second degree, based on the November 9, 2007 Incident, and of criminal possession of a forged instrument in the third degree, based on the November 14, 2007 Incident. (Id. ¶ 86); see Peoplev. Frederick, 999 N.Y.S.2d 665, 670-71 (App. Term 2014). The court entered separate judgments for the two incidents. Frederick, 999 N.Y.S.2d at 670-71.
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