Greenaway v. Cnty. of Nassau

• Decision Date: 31 March 2018
• Docket Number: 11-CV-02024 (LDH) (AKT)
• Citation: 327 F.Supp.3d 552
• Parties: Shuay'b GREENAWAY, Sharon Knight, and Avery Knight, Plaintiffs, v. COUNTY OF NASSAU, Nassau County Police Officers Sgt. Vincent Papa, in his individual and official capacities, P.O. Ronald Schmitt, in his individual and official capacities, P.O. Clarence Hudson, in his individual and official capacities, and P.O. William Stio, in his individual and official capacities, Incorporated Village of Hempstead, and Village of Hempstead Police Officers P.O. Frane Reado, in his individual and official capacities, and P.O. Walter Ohr, in his individual and official capacities, Defendants.
• Court: U.S. District Court — Eastern District of New York

327 F.Supp.3d 552

Shuay'b GREENAWAY, Sharon Knight, and Avery Knight, Plaintiffs,

v.COUNTY OF NASSAU, Nassau County Police Officers Sgt. Vincent Papa, in his individual and official capacities, P.O. Ronald Schmitt, in his individual and official capacities, P.O. Clarence Hudson, in his individual and official capacities, and P.O. William Stio, in his individual and official capacities, Incorporated Village of Hempstead, and Village of Hempstead Police Officers P.O. Frane Reado, in his individual and official capacities, and P.O. Walter Ohr, in his individual and official capacities, Defendants.

11-CV-02024 (LDH) (AKT)

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

Signed March 31, 2018

Frederick K. Brewington, Gregory Calliste, Jr., Olivier E. Roche, Law Offices of Frederick K. Brewington, Hempstead, NY, Ira F. Fogelgaren, North Hempstead Town Attorney's Office, Manhasset, NY, Scott A. Korenbaum, Law Office of Scott A. Korenbaum, New York, NY, Valerie M. Cartright, Cartright and Company, Port Jefferson Station, NY, for Plaintiffs.

Ralph J. Reissman, Christopher Vernon Todd, David W. McAndrews, Diane C. Petillo, Liora M. Ben-Sorek, Pablo A. Fernandez, Nassau County Attorney's Office, Mineola, NY, William J. Garry, Kadion Dwayne Henry, Harris Beach PPLC, Uniondale, NY, Keith Michael Corbett, Harris Beach PLLC, New York, NY, for Defendants.

MEMORANDUM AND ORDER

LaSHANN DeARCY HALL, United States District Judge

Plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight brought this action against Defendants Incorporated Village of Hempstead and Village of Hempstead Police Officers Frane Reado and Walter Ohr, (collectively, "Village Defendants") as well as Defendants County of Nassau and Nassau County Police Officers Vincent Papa, Ronald Schmitt, Clarence Hudson and William Stio, (collectively, "County Defendants"), alleging violations of 42 U.S.C. § 1983 and New York state law. Specifically, Plaintiffs alleged assault, battery, excessive force, false imprisonment, failure to intervene, gross negligence, abuse of process, and trespass in violation of the Fourteenth Amendment as well as corresponding state law, intentional and negligent infliction of emotional distress, municipal liability, and punitive damages.

The Court held a jury trial commencing on May 15, 2017. Upon a motion by Village Defendants, at the close of evidence, the Court dismissed Mr. Greenaway's claims of gross negligence and intentional infliction of emotional distress against Village of Hempstead Police Officer ("Village Officer") Ohr. The following claims were submitted to the jury: false imprisonment, excessive force, unlawful entry/trespass, failure to intervene, municipal liability, gross negligence, and intentional infliction of emotional distress. (Ct. Ex. 1, ECF No. 131.) On May 22, 2017, the jury returned a verdict finding as follows: (1) Nassau County Police Officers ("County Officers") Papa, Schmitt, Hudson, Stio, and the County of Nassau (the "County") liable on Plaintiff Greenaway's claim for false imprisonment, fixing damages against the County at $100,000; (2) County Officers Hudson, Stio, and the County liable on Plaintiff Greenaway's claim of excessive force, fixing damages against the County at $7,500,000; (3) Village Officer Ohr and the Incorporated Village of Hempstead (the "Village") liable on Mrs. Knight and Mr. Knight's claims for excessive force fixing damages against the Village at $50,000 and $35,000, respectively; (4) all officers, the County, and the Village liable on Mr. Greenaway, Mrs. Knight, and Mr. Knight's unlawful entry/trespass claims, fixing damages against the County and Village at $100,000; (5) all officers liable on Mr. Greenaway, Mrs. Knight, and Mr. Knight's failure to intervene claims, fixing damages evenly against the individual officers at $120,000, $50,000, and $30,000, respectively; (6) Village Officer Ohr liable on Mrs. Knight and Mr. Knight's claims for gross negligence, fixing damages against Village Officer Ohr at $50,000 and $35,000, respectively; (7) County Officers Hudson and Stio liable for punitive damages to Mr. Greenaway, fixing damages against the individual officers at $100,000 each; and (8) Village Officer Ohr liable for punitive damages to Mrs. Knight, fixing damages against Village Officer Ohr for $50,000. (See generally id. ) On July 12, 2017, this Court entered judgment consistent with the jury's findings. (See J., ECF No. 141.)

Village Defendants move, pursuant to Federal Rule of Civil Procedure ("Rule") 50(b), for judgment as a matter of law, or in the alternative, a reduction of the jury's awards pursuant to Rule 59(e). (Mot. J. Matter of Law, ECF No. 140.) County Defendants move for judgment as a matter of law, pursuant to Rule 50(b), or in the alternative, a new trial, pursuant to Rule 59(a), or remittitur, pursuant to Rule 59(e). (Mot. Set Aside J., ECF No. 142.)

BACKGROUND¹

In the months preceding April 2010, Mr. Greenaway, at the time a thirty-two year old father of one, had previously been diagnosed with and was undergoing treatment for bipolar disorder and schizophrenia. (Tr. 27–28, 530, 778-84, 862–64, 887, ECF No. 150-2, Ex. 2–7.)² Mr. Greenaway's therapist testified that he was making consistent progress, intensely working towards recovery, developing goals, verbalizing himself emotionally, and challenging his core beliefs system. (Tr. 782–83.) During this time, Mr. Greenaway resided with his parents at 218 Amherst Street in Hempstead, New York. (Tr. 29.) Mrs. Knight, Mr. Greenaway's mother, is a retired district manager for the Social Security Administration. (Tr. 26–27.) Mr. Knight, Mr. Greenaway's stepfather, formerly worked for the state of New York as a disability analyst. (Tr. 586, 660.) Together, the Knights owned their residence located at 218 Amherst Street and a nearby rental property located at 221 Amherst Street. (Tr. 28, 584.)

On April 25, 2010, Mr. Greenaway had planned to move from his parents' home to the rental property. (Tr. 29.) By this date, Mrs. Knight had grown concerned that Mr. Greenaway may have stopped taking his medication. (Tr. 30–33, 68–69.) At some point that day, Mr. Greenaway left his parents' home and Mrs. Knight was uncertain of his whereabouts. (Tr. 33.) Mrs. Knight shared her concerns about Mr. Greenaway's mental status with Mr. Knight, who subsequently drove around the Village of Hempstead searching for Mr. Greenaway. (Tr. 587.) While driving, Mr. Knight happened upon Village Officer Lonnie Johnson. (Id. ) Mr. Knight asked Village Officer Johnson to either assist in his effort to locate Mr. Greenaway or "be on the lookout" for his son because, as he indicated to Village Officer Johnson, Mr. Greenaway was decompensating. (Tr. 587–88.) When Village Officer Johnson asked what "decompensating" meant, Mr. Knight testified that he left to continue his search alone believing that nothing "fruitful" would come from further interaction with Village Officer Johnson. (Tr. 595.)

While Mr. Knight was searching for Mr. Greenaway, Mrs. Knight spoke with Mr. Cleaster Brooks, the Knights' tenant of five years. (Tr. 34–35, 88–89.) Mr. Brooks informed Mrs. Knight that he and Mr. Greenaway had just had a "pushing match" and suggested to Mrs. Knight that Mr. Greenaway go to the hospital. (Tr. 34, 69, 89–91.) After hearing about the pushing match, Mrs. Knight grew increasingly concerned and called 911 seeking assistance in taking Mr. Greenaway to the hospital. (Tr. 34–35.) Mrs. Knight informed the 911 operator that Mr. Greenaway suffered from bipolar disorder and he was not "that violent." (Tr. 35.) At some point, Mr. Knight received a phone call informing him that Mr. Greenaway was at home. (Tr. 595.) Mrs. Knight then went across the street to join her husband, who had since arrived at the 221 Amherst Street home. (Tr. 35.)

At the 221 Amherst Street residence, Mr. Greenaway was found in the bathroom adjacent to the master bedroom where he was alone and painting the walls. Mr. Knight encouraged Mr. Greenaway to go to the hospital. (Tr. 35–36, 625, 868–69.) In response, Mr. Greenaway "very calm[ly]" stated that he was painting at the moment and did not want to go to the hospital. (Tr. 36, 70, 625–26.) A similar exchange took place between Mr. Greenaway and Mrs. Knight. To Mrs. Knight, however, Mr. Greenaway indicated that he would prefer to go to the hospital the following day. (Tr. 36–37, 70, 103–04.) Mrs. Knight then went downstairs to see if assistance had arrived. (Tr. 37.)

When Mrs. Knight arrived downstairs, she noticed two Village police cars pulling up to the rental property. (Tr. 37.) Mrs. Knight then escorted two officers (identified at trial as Village Officers and Johnson) upstairs to assist with getting her son to go to the hospital. (Tr. 37–38, 644.) When they arrived at the master bedroom, Mr. Greenaway was still in the bathroom painting. (Tr. 150.) At this time, Village Officer Reado asked Mr. Greenaway a number of questions and suggested that they go to the hospital together. (Tr. 38, 643, 869, 925.) Mr. Greenaway continued to paint and expressed that he did not want to go to the hospital at that time. (Tr. 39.) During the conversation, Mr. Greenaway provided Village Officer Reado with his drivers' license, which indicated that he resided at the 221 Amherst Street home. (Tr. 39, 603, 629–30, 869–70.) Mr. Greenaway asked Village Officer Reado if he was under arrest or had any outstanding tickets; Village Officer Reado responded, "no." (Tr. 39, 604, 629–30, 644, 869–71.) Nonetheless, Village Officer Reado remained "persistent" that Mr. Greenaway go to the hospital. (Tr. 869–70.) Mr. Greenaway then asked Village Officer Reado to leave his home—and indicated that he was fine. (Tr. 39, 62, 630, 644, 870–71.) Throughout this exchange, Mr. Greenaway maintained a calm demeanor and continued to paint. (Tr. 39, 602, 871.) Mrs. Knight testified that she did not want Village Officer Reado to leave at this time because she felt that he was doing a good job...