Goonewardena v. Spinelli
| Decision Date | 07 January 2021 |
| Docket Number | 15-CV-5239 (MKB) (ST) |
| Parties | PRASANNA GOONEWARDENA, Plaintiff, v. LOUIS SPINELLI, JAMES ALFIERI, and SHAWN WILLIAMS, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
NOT FOR PUBLICATION
Plaintiff Prasanna Goonewardena, proceeding pro se, commenced the above-captioned action on September 10, 2015 against Defendants Louis Spinelli, Officer Badge Number 480. (Compl., Docket Entry No. 1.) Plaintiff filed an Amended Complaint on November 6, 2015, adding Angela Moody as Defendant, (Am. Compl., Docket Entry No. 8), a Second Amended Complaint on March 23, 2016, adding Sergeant Alfieri as a Defendant, (Second Am. Compl., Docket Entry No. 26), and a Third Amended Complaint ("TAC") on May 19, 2016, adding Officer Williams as a Defendant, (TAC, Docket Entry No. 35). Plaintiff asserts First Amendment retaliation and false arrest claims against all Defendants, an excessive force claim against Sergeant Alfieri, an assault claim against Officer Williams, (TAC ¶¶ 19-20), assault and battery claims against Sergeant Alfieri (id. ¶¶ 29-33, 157-158), and two assault claims and a battery claim against Officer Spinelli.1 The parties cross-moved for summary judgment pursuantto Rule 56 of the Federal Rules of Civil Procedure,2 and on September 3, 2019, the Court referred the motions to Magistrate Judge Steven L. Tiscione for a report and recommendation, (Order dated Sept. 3, 2019).
By report and recommendation dated March 5, 2020, Judge Tiscione recommended that the Court deny Plaintiff's motion for summary judgment and also deny Defendants' motion for summary judgment as to Plaintiff's (1) federal and state false arrest claims against all Defendants, (2) First Amendment retaliation claim against all Defendants, (3) federal excessive force claim against Sergeant Alfieri, and assault and battery claims against Sergeant Alfieri and Officer Spinelli, (5) and assault claim against Officer Williams arising from the September 11, 2014 incident (the "R&R"). (R&R, Docket Entry No. 191.) For the reasons set forth below, the Court adopts the R&R in part. The Court grants in part and denies in part Defendants' motion for summary judgment.
The following facts are undisputed unless otherwise noted. This case arises out of two incidents at the New York Supreme Court, Queens County (the "Courthouse"), one with Plaintiffand New York state court Officers Spinelli and Williams, and Sergeant Alfieri on September 11, 2014 (the "September 2014 Incident") and the other with Plaintiff and Officer Spinelli on July 16, 2015 (the "July 2015 Incident"). (See generally TAC.)
On September 11, 2014, Plaintiff entered the Courthouse between 10:00 and 10:30 AM to visit the law library. Plaintiff proceeded to the Courthouse security station in the lobby of the building and placed his bag, which contained a tape recorder, into the X-ray machine where Officer Williams was assigned. Officer Williams asked Plaintiff whether there was a tape recorder in his bag, (Pl.'s Dep. 64:18-21), and informed him that he could not "take [the tape recorder] inside" and would need to leave it at the front desk, (id. at 67:11-18). Plaintiff removed the tape recorder from his backpack and gave it to Officer Williams, who then completed part of the voucher form and gave Plaintiff the form3 to sign. Plaintiff then proceeded to read the form. (Pl.'s Dep. 70:9-21.)
The parties dispute the subsequent interactions. Plaintiff contends that he took "about a minute" to read the form, (id. at 71:2-), Officer Williams asked "[a]re you going to sign or what," and that Plaintiff responded that he "want[s] to read what [he is] signing," (id. at 73:7-9). Officer Williams told Plaintiff that "[t]here's nothing to read" and to "[e]ither sign or get out."(Id. at 73:12-15.) Plaintiff responded, "Don't get an attitude," and Officer Williams stated, (Id.) Plaintiff told Officer Williams to "take [his] best shot." (Id. at 75:7.) Plaintiff contends that he did not "speak[] in a loud voice." (Id. at 75:22-25.) Officer Williams moved towards Plaintiff and gestured as if he was going to punch Plaintiff with his right arm. (Id. at 73:15-23.) Officer Cosentino, who was also working in the lobby, said, "Shawn, don't do it." (Id.) Officer Williams then told Plaintiff to "get the hell out of here." (Id. at 74:2-3.) Plaintiff asked to speak with a captain. (Id.)
Officer Spinelli "came running" about ten seconds later, (id. at 81:13-82:2-3), and asked Officer Williams "what's the matter," (id. at 89:25). Officer Williams, who was holding the recorder in his hand, told Officer Spinelli that Plaintiff did "not want to sign for the recorder." (Id. at 90:5-6.) Officer Spinelli asked for the recorder, and grabbed Plaintiff's left arm, and said "come over here." (Id. at 90:8-15.) Plaintiff did nothing. (Id. at 90:20-21.) Officer Spinelli took Plaintiff outside and hit him in the head with the tape recorder and told him to "[g]et the hell out." (Id. at 91:21-92:3.) Plaintiff again asked "to speak to the captain." (Id. at 97:21).
Approximately two minutes later, Sergeant Alfieri came running, (id. at 97:23-98:4), and asked, "[W]hat happened?" (id. at 102:12-16). Officer Spinelli responded, "[T]his guy is causing trouble." (Id. at 102:22-23.) Sergeant Alfieri told Officer Spinelli to "take [Plaintiff] inside and give him a summons for disorderly conduct." (Id. at 103:2-5.) Plaintiff responded, "I don't want to go inside anymore; I'm going to go home," and Sergeant Alfieri "launched at" Plaintiff. (Id. at 106:23-25.) Sergeant Alfieri then grabbed Plaintiff's "left arm," "twisted [his] left hand," pushed and "pinned" Plaintiff against the wall, and said, "[i]f you don't go inside I am going to handcuff you and take you inside," and Plaintiff screamed. (Id. at 107:6-21.) Sergeant Alfieri escorted Plaintiff inside the Courthouse to the lobby, (id. at 115:17-18, 116:12-16), andtold Officer Spinelli to issue the summons, (id. at 119:24-120:11). Plaintiff was never handcuffed. (Id. at 115:8-10.)
Defendants contend that after Plaintiff took several minutes to read the form, Officer Williams asked Plaintiff "whether he was going to sign the form," that Plaintiff responded, and that Officer Williams told Plaintiff (Williams Aff. ¶ 19.) Officer Williams remained behind the security desk at all times and did not reach over the desk; Plaintiff does not dispute that Officer Williams remained behind the desk. (Id.; Pl.'s Dep. 60:6-9.) Plaintiff then became "irate, [began] to raise his voice and speak loudly, and refuse[d] to cooperate in vouchering his tape recorder while standing in a place that made it difficult for others entering the Courthouse to pass." Officer Williams contends that he did not touch Plaintiff or threaten Plaintiff. (Williams Aff. ¶ 21.) Plaintiff then requested to speak with Officer Williams' supervisor and Officer Williams resumed his duties assisting other members of the public. (Id. ¶¶ 22-23.) Officer Spinelli and Sergeant Alfieri, both of whom were already in the lobby, intervened to assist Officer Williams and "took Plaintiff aside, so that he was no longer in a place that made it difficult for others entering the Courthouse to pass." (Id. ¶ 24; Spinelli Aff. ¶¶ 13-14; Alfieri Aff. ¶ 13.) Officer Williams could not hear their conversation. (Williams Aff. ¶ 26.) While speaking with Sergeant Alfieri and Officer Spinelli, Plaintiff said in a loud voice: (Alfieri Aff. ¶ 14; Spinelli Aff. ¶ 17.)
In his affidavit in support of Defendants' summary judgment motion, Officer Spinelli stated that he and Sergeant Alfieri warned Plaintiff that his "conduct could result in the issuance of a summons for being disorderly." (Spinelli Aff. ¶¶ 21-22; Defs.' Stmt of Undisputed Facts Pursuant to Local Rule 56.1 ( ) ¶ 62 Plaintiff disputes that Sergeant Alfieri warned him and contends that they only asked for identification. (Pl.'s 56.1 ¶ 18.)
"After Plaintiff failed to calm down for several minutes, and instead continued to speak loudly, cause a disturbance, and refuse to cooperate with [Sergeant Alfieri] and [Officer] Spinelli," the officers agreed that Plaintiff's conduct "justified the use of [their] discretion to issue a summons for disorderly conduct." (Alfieri Aff. ¶ 16; Spinelli Aff. ¶ 23.) Plaintiff waited in the "Courthouse lobby for approximately [ten] minutes while [Officer Spinelli] issued Plaintiff a summons4 for disorderly conduct." (Spinelli Aff. ¶ 24.) Sergeant Alfieri assisted Officer Spinelli in issuing the summons by requesting identification from Plaintiff and reciting the applicable section of the New York Penal Code. (Id.)
Sergeant Alfieri states in his affidavit in support of summary judgment that he "did not place [his] hands on Plaintiff at any time" "pin Plaintiff against a wall, punch, or kick Plaintiff." (Alfieri Aff. ¶ 15.) Officers Williams and Spinelli "did not see Sergeant Alfieri" become physical with Pla...
To continue reading
Request your trial