Khalil v. City of Paterson
| Decision Date | 08 March 2023 |
| Docket Number | 18cv3241 (EP) (JSA) |
| Parties | MOHAMED KHALIL, Plaintiff, v. CITY OF PATERSON, et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
Plaintiff Mohamed Khalil alleges state and federal civil rights and common law tort claims against Defendants City of Paterson (“Paterson”), Paterson Police Department Officer Elizabeth Straub and Sergeant Joseph Delgado (the “Officer Defendants”), and John Doe Officers stemming from a March 6, 2016 arrest. Plaintiff alleges that his attempt to obtain a restraining order against an ex was met with bigoted remarks and, ultimately, an unjustified arrest utilizing excessive force. Defendants disagree arguing that Plaintiff became irate and refused to leave after officers took his report but informed him nothing more could be done at the time.
Discovery having concluded, all three named Defendants independently move for summary judgment dismissing the Amended Complaint. For the reasons below, the Court will GRANT Sergeant Delgado's motion, GRANT IN PART Officer Straub's motion, and GRANT IN PART Paterson's motion.[1] Plaintiff's federal false arrest/wrongful imprisonment and malicious prosecution claims against Officer Straub survive.
On March 6, 2016 at 1:30 a.m., Plaintiff, at the time an employee at the Paterson City Museum, went to the Paterson Police Department (“Paterson PD”) to file a domestic violence complaint against his ex-girlfriend for threatening to obtain a firearm and shoot Plaintiff. Paterson Facts ¶¶ 1-3. Though Plaintiff did not take the threat seriously, he sought to file a complaint because his ex had filed a complaint against him for harassment. Id. ¶¶ 4-5. A Paterson PD officer told Plaintiff to come back when the next shift began because officers on duty were responding to a shooting that had occurred that evening. Id. ¶ 6.
When Plaintiff returned at 4:30 a.m., Officer Maribel Seabrooks[3] assisted Plaintiff at the front desk. Id. ¶¶ 9-10. D.E. 85-3 (Paterson Ex. C. “Seabrooks Report”) at 146. Plaintiff, with the assistance of Officers Seabrooks and Straub, completed a “Probable Cause” form in support of his domestic violence complaint. Paterson Facts ¶¶ 10-13; D.E. 85-3 (Paterson Ex. D) at 150. Officer Straub informed Plaintiff that his ex could not be “charged for a weapon when she does not own one.” Paterson Facts ¶ 14. Officer Seabrooks completed a domestic violence report and criminal complaint against Plaintiff's ex for harassment and informed Plaintiff that an officer at the front desk would assist him in obtaining a restraining order. Id. ¶¶ 15-16. Most of what happened next is contested.
1. Defendants' version
At about 7:30 a.m., Plaintiff “became irate” when Officers Seabrooks and Straub told him that no more could be done after they filed the domestic violence report; his ex would not be arrested for a weapons charge. Paterson Facts ¶¶ 17-18; Straub Dep. 27-28. Officers Seabrook and Straub both told Plaintiff to leave. Straub Dep. 26-27. Sergeant Delgado heard the dispute and walked to the lobby area, where he saw Plaintiff and Officers Seabrook, Straub, Frank Daunno, and Bermudez. Delgado Facts ¶¶ 8-9; Delgado Report ¶ 2. Delgado observed Plaintiff acting belligerently and aggressively. Delgado Facts ¶ 9.
Officer Daunno,[4] who had arrived about an hour earlier, overheard the commotion, came to the front desk, and warned Plaintiff that he was causing a disturbance and had to leave. Paterson Facts ¶¶ 21-23; Daunno Dep. 31-32. When Plaintiff refused, Straub and Daunno walked him out. Paterson Facts ¶¶ 25-26; Straub Dep. 28:14-23. Daunno “put [his] arm around [Plaintiff] and directed him.. .to guide him out the door.” Daunno Dep. 34-35. Daunno gave Plaintiff “a little force to get him out the door.” Id. 35:6-11. Sergeant Delgado escorted them to the exit, but stayed inside. Delgado Facts ¶ 12; Delgado Dep. 11-13.
2. Plaintiff's version
When Plaintiff called before returning to the police station, Officer Straub told him he had to make the report in person. Pl. Facts ¶ 3; Pl. Dep. 104:22-105:9. When Plaintiff arrived at the station at about 4:30 a.m., Officer Straub “greeted him very aggressively” and said, “you Arab Muslim, you treat women badly and disrespect women” and “you disrespect women in your own country, not here.” Pl. Facts ¶¶ 4-5; Am. Compl. ¶ 18; Pl. Dep. 111:4-12. Officer Straub told Plaintiff it would take three hours to finish his report. Pl. Facts ¶ 8. Plaintiff passed the time on his cell phone. Id.
At some point, Plaintiff observed a male officer “playing with [Straub's] ear and neck” in an intimate manner. Id. ¶ 9; Pl. Dep. 123:13-19. Because Plaintiff was holding his phone up, he believes that the male officer assumed that Plaintiff was recording the officers. Pl. Facts ¶ 9. Officer Straub approached Plaintiff and accused Plaintiff of lying on his domestic violence complaint form. Id. ¶ 10; Pl. Dep. 121:14-125:5.
Plaintiff asked to speak with a supervisor. The Supervisor, “believed to be [Sergeant] Delgado,” emerged, shouted obscenities, and pushed Plaintiff out the front door. Pl. Facts ¶ 11. Plaintiff told them he was leaving. Id; Pl. Dep. 157-58. During this interaction Plaintiff stated that he was also a city employee, to which the Supervisor again responded with obscenities. Pl. Facts ¶ 12; Pl. Dep. 158:7-12.
3. Defendants' Version
Officers Straub, Seabrooks, and Daunno followed Plaintiff outside. Plaintiff continued to linger outside, threatening to call Paterson's Mayor and Director of Police. Paterson Facts ¶ 27. Officer Straub warned Plaintiff more than once that he would be arrested if he did not leave. Paterson Facts ¶ 29; Straub Dep. 31:14-32:25. When Plaintiff refused, Officer Straub arrested him. Paterson Facts ¶ 30; Straub Dep. 31-34. Plaintiff refused to put his hands behind his back and tried to walk away. Id. ¶¶ 31-32; Straub Dep. 34:6-11.
Straub employed a “compliance hold” to subdue Plaintiff, which consisted of forcing Plaintiff “against the wall, and then grabbing his arm and having to forcefully put it into the handcuffs, because he refused to put his hands behind his back.” Straub Dep. 37:11-20. Plaintiff was arrested for defiant trespass. Id. 34:8-13. Even after being handcuffed, Plaintiff refused to re-enter the police station. Paterson Facts ¶ 36; Straub Dep. 37. Officers Straub and Daunno escorted Plaintiff inside; they had to “hold Plaintiff up against different surfaces.. .because Plaintiff continued to actively resist his transport to the cell block.” Paterson Facts ¶¶ 37-38; Daunno Dep. 43-44. Officer Daunno “applied just enough pressure to get and keep Plaintiff against the wall or surface to block his peripheral vision and control Plaintiff.” Id.
4. Plaintiff's version
Plaintiff was near his car outside when an officer yelled, “don't let him leave, he was recording us!” Pl. Facts ¶ 13; Pl. Dep. 131:21-24. The officer “ran and hit [Plaintiff's] hand,” causing Plaintiff's phone to land on the ground. Id. The officer broke the phone. Id. Officer Straub also came outside, cursed at Plaintiff, and arrested him for trespassing. Pl. Facts ¶ 13; Pl. Dep. 132. Seven officers, including Sergeant Delgado, came outside and physically assaulted Plaintiff. Pl. Facts ¶ 15. Delgado “continually hit and punched” Plaintiff and cursed at him, and made “disparaging and hateful remarks about the Plaintiff's religion and background.” Pl. Facts ¶¶ 16-17; Pl. Dep. 170-73.
5. Defendants' version
Officer Daunno brought Plaintiff to the cell block, where he searched Plaintiff and removed the handcuffs. Paterson Facts ¶¶ 41-45. Plaintiff was processed by cell block personnel and charged with resisting arrest, disorderly conduct, defiant trespass, and obstruction of the administration of law. Id. ¶¶ 46-47; D.E. 85-3 (Paterson Ex. G, Officer Straub's report) at 230.
6. Plaintiff's version
Officer Straub “asked the other Officers to pick and choose charges” against Plaintiff. Pl. Facts ¶ 18. Officer Straub then “hid the paperwork” so Plaintiff would not be released in time to open the City Museum, where Plaintiff worked, for an event that day. Pl. Facts ¶ 19; Pl. Dep. 114.
On their way back into the station, Sergeant Delgado “held the Plaintiff's head from the back and banged it on the concrete, walls, glass door, elevator, and pushed the Plaintiff against every wall and metal bar that he could while dragging the Plaintiff from outside the Police Station to the upstairs.” Id.; Pl. Dep. 159-160. At Sergeant Delgado's instruction, Plaintiff was handcuffed to a bench in “lucky cell number 23,” a “filthy” enclosure containing vomit and excrement. Pl. Facts ¶ 20; Pl. Dep. 95. Plaintiff pleaded for assistance from a different officer who fingerprinted Plaintiff; the officer acknowledged that the others, i.e., Delgado and Straub, were a “gang” that would “hurt” the officer if they knew he helped Plaintiff. Pl. Facts. ¶¶ 22-23; Pl. Dep. 181-82.
The parties agree that Plaintiff was ultimately processed and released at 7:45 p.m., about 17 hours after he first entered the police station to file a complaint. Pl. Facts ¶ 24. Plaintiff went to the home of then-Mayor Jose (“Joey”) Torres, who advised Plaintiff to go to Paterson Police Chief Speziale's office and file a complaint. Pl. Facts ¶¶ 24-25; Pl. Dep. 186-87. Plaintiff saw Chief Speziale the next day and filed the complaint with Internal Affairs, who photographed Plaintiff's injuries, showed Plaintif...
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