Martinez v. City of New York

• Decision Date: 30 September 2021
• Docket Number: 16-CV-79 (RPK) (CLP)
• Citation: 564 F.Supp.3d 88
• Parties: Rosie MARTINEZ, Plaintiff, v. CITY OF NEW YORK, Police Officer Eric Ryan, Lieutenant David Camhi, Sergeant Joseph DiGennaro, Sergeant Keith Laliberte, Sergeant Albert Trotter, Sergeant Joseph Pontecorvo, and John and Jane Doe 1 through 10 individually and in their official capacities (the names John and Jane Doe being fictitious, as the true names are presently unknown), Defendants.
• Court: U.S. District Court — Eastern District of New York

564 F.Supp.3d 88

Rosie MARTINEZ, Plaintiff,

v.CITY OF NEW YORK, Police Officer Eric Ryan, Lieutenant David Camhi, Sergeant Joseph DiGennaro, Sergeant Keith Laliberte, Sergeant Albert Trotter, Sergeant Joseph Pontecorvo, and John and Jane Doe 1 through 10 individually and in their official capacities (the names John and Jane Doe being fictitious, as the true names are presently unknown), Defendants.

16-CV-79 (RPK) (CLP)

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

Signed September 30, 2021

Fred Brian Lichtmacher, The Law Office of Fred Lichtmacher P.C., Gabriel Paul Harvis, Baree N. Fett, Elefterakis Elefterakis & Panek, New York, NY, for Plaintiff.

Kavin Suresh Thadani, Paul Hasan Johnson, Morgan Chmiel McKinney, New York City Law Department, New York, NY, for Defendants City of New York, Lieutenant Jason Weitzman, Sergeant Jason Forgione.

Kavin Suresh Thadani, Morgan Chmiel McKinney, New York City Law Department, New York, NY, for Defendants Police Officer Eric Ryan, Lieutenant David Camhi, Sergeant Joseph DiGennaro, Captain Paul Valerga, Sergeant Keith Laliberte, Sergeant Joseph Pontecorvo, Police Officer Blake Ficken, Albert Police Officer Trotter, Police Officer Peter Kandinov, Police Officer Matthew Rippel, Detective James Davneiro, Police Officer Bryan Post, Police Officer Tiffany Wolf, Police Officer Casey Wolff, Sergeant Richard Lavelle, Police Officer James Seddio, Police Officer Daniel Mendez, Police Officer Richard Russo.

MEMORANDUM AND ORDER

RACHEL P. KOVNER, United States District Judge:

Plaintiff Rosie Martinez brings eleven federal and state law claims against the City of New York ("City"), six named officers of the New York Police Department ("NYPD"), and officers John and Jane Doe, 1 through 10. The City and the named officers have agreed that Ms. Martinez can proceed to trial on her claim of excessive force in violation of the Fourth Amendment. They have sought summary judgment or dismissal of all other claims. For the reasons that follow, I grant defendants’ motion with respect to all claims except for Ms. Martinez's assault-and-battery and deliberate indifference claims, and Ms. Martinez's failure to intervene claims against defendants David Camhi, Keith Laliberte, Eric Ryan, and Joseph DiGennaro pertaining to excessive force and deliberate indifference. Those claims, along with Ms. Martinez's excessive force claim, may proceed to trial.

BACKGROUND

A. Factual Background

On January 22, 2015, the NYPD arrested Danny Rivera inside Ms. Martinez's apartment, seizing thousands of dollars and 280 bags of cocaine. Danny Rivera Dep. I, Defs.’ Ex. B, at 189:6 (Dkt. #184-2) ("Rivera Dep. I"); Pl.s’ Local Rule 56.1 Counter Statement of Facts ¶ 6 (Dkt. #193) ("Pl.’s Statement"). When Ms. Martinez arrived home, Officer Ryan placed her under arrest, bringing her to the 107th Precinct. Id. at ¶ 8.D; Command Center Call Tr., Pl.’s Ex. 24, at 5:6-9 (Dkt. #194-24) ("Command Center Call Tr."). By all accounts, Ms. Martinez entered the precinct uninjured. See Pl.’s Statement ¶ 8.A; see also Keith Laliberte Dep., Pl.’s Ex. 23, at 145:9-16 (Dkt. #194-23) ("Laliberte Dep."). When she left five hours later, her right wrist was so severely swollen that officers could not fit it in a handcuff. Pl.’s Statement ¶ 8.C. What happened inside the precinct that night forms the crux of this suit.

In late 2014, Ms. Martinez, a housecleaner, began dating Mr. Rivera. Id. at ¶ 6 & n.1. Mr. Rivera began selling heroin out of Ms. Martinez's apartment. Ibid. Ms. Martinez asserts that he did so without her knowledge. Rosie Martinez Dep., Pl.’s Ex. 2, at 32:2-6 (Dkt. #194-2) ("Martinez Dep.").

Just how the NYPD learned Mr. Rivera was dealing drugs from Ms. Martinez's apartment is disputed. Pl.’s Statement ¶ 4. According to the defendants, in early January 2015, Officer Ryan arrested an individual who claimed knowledge of Mr. Rivera's criminal conduct. Eric Ryan Dep. I, Pl.’s Ex. 28, 33:17-34:23 (Dkt. #194-28) ("Ryan Dep. I"). Officer Ryan informed Sergeant DiGennaro. Ibid. Sergeant DiGennaro, in turn, states that the informant claimed to have purchased drugs from Mr. Rivera in Ms. Martinez's apartment. Joseph DiGennaro Dep. II, Pl.’s Ex. 6, at 206:24-207:4 (Dkt. #194-6) ("DiGennaro Dep. II").

According to Sergeant DiGennaro, the informant told him that Mr. Rivera used a car, a 1999 Ford Explorer, to "re-up" his supply on Thursdays or Fridays. Joseph DiGennaro Dep. I, at 277:1-278:12 (Dkt. #194-4) ("DiGennaro Dep. I"). The police began surveilling this car on January 16. See Complaint Follow-Up Informational PD313-081B, Defs.’ Ex. 3 (Dkt #184-3) ("Follow-Up Informational"). This Ford Explorer was legally titled in Ms. Martinez's name, Pl.’s Statement ¶ 1, and while the parties dispute whether she had given legal ownership of it to Mr. Rivera, ibid , he "was in the process of transferring the insurance over to [his] name and ... driving that car." Danny Rivera Dep. II, Pl.’s Ex. 3, at 187:3-12 (Dkt. #194-3) ("Rivera Dep. II"). Shortly before January 22, the informant told Sergeant DiGennaro that Mr. Rivera would be driving the Ford Explorer that night to refill his supply in Brooklyn. DiGennaro Dep. I, at 277:1-278:12. Mr. Rivera contends that he could not have used the Ford to make that trip, because the Ford's timing belt had snapped about nine days earlier. Rivera Dep. II, at 187:17-188:5.

Either way, on January 22, NYPD officers arrested Mr. Rivera in Ms. Martinez's apartment while Ms. Martinez was at work. Rivera Dep. I, at 189:6; Pl.’s Statement ¶ 6. On Mr. Rivera, they found 280 bags of cocaine. Rivera Dep. I, at 189:6; Pl.’s Statement ¶ 6. When Ms. Martinez came home, Officer Ryan arrested her, id. at ¶ 8.D; Command Center Call Tr., at 5:6-9, and Sergeant DiGennaro impounded the Ford Explorer, which was parked in front of the apartment complex. DiGennaro Dep. I, 292:9-25. Officers later searched the vehicle at Sergeant DiGennaro's direction. Ryan Dep. I, at 118:20-24; Defs.’ Statement ¶ 7. Ms. Martinez testifies that police took about $100, one or two gift cards, and a phone charger from her purse when they processed her. According to Ms. Martinez, they failed to return that property. Martinez Decl. 81:7-24; CCRB Summary, Pl.’s Ex. 11 (Dkt. #194-11).

Ms. Martinez arrived at the station in "apparently normal" physical condition. Pl.’s Statement ¶ 8.A; 107th Command Log, Pl.’s Ex. 40, at 53 (Dkt. #194-40) ("Command Log"). She was then taken to the Juvenile Room and handcuffed by one hand to a bench. Pl.’s Statement ¶¶ 8.A, 8.B. As the desk officer that night, Sergeant Laliberte was stationed near the room with a partial view into it. Laliberte Dep. 140:6-15; 142: 2-8; 153:4-7. What happened next is disputed.

The officers claim that Ms. Martinez began punching a wall so fiercely that she injured her right hand. Command Center Call Tr., at 3:6-15; Pl.’s Statement ¶ 8.B. Lieutenant Camhi says he entered the room to restrain her. Command Center Call Tr., at 3:6-15; David Camhi Dep., Pl.’s Ex. 27, at 95:20-23 (Dkt. #194-27) ("Camhi Dep."). Officer Ryan reports checking on Ms. Martinez seventeen times that night, including nine times after the alleged incident occured. Eric Ryan Dep. II, Pl.’s Ex. 28, at 301:10-302:16 (Dkt. #194-28) ("Ryan Dep. II"). By their own accounts, Sergeant DiGennaro, Lieutenant Camhi, and Officer Ryan each questioned her, restrained her, or checked on her that night. DiGennaro Dep. II, at 485:8-24; 487:2-25; Ryan Dep. II, at 301:10-302:16; Camhi Dep., at 95:20-23.

Ms. Martinez offers a different account. According to her, two officers entered the room to interrogate her. When she told them that she did not know who Mr. Rivera's drug distributor was, they smacked her, pulled her hair, choked her, stomped on her feet, and bent her right thumb back. Martinez Dep. 57:1-59:24; Pl.’s Statement ¶ 8.A. Her right hand swelled, and she spent the next five hours in pain. Martinez Dep. 61:21-22; Pl.’s Statement ¶ 6. When she requested medical care, the officers refused, hoping that her swelling would decrease. Rosie Martinez IAB Interview, Pl.’s Ex. 13, at 39:20-40:23 (Dkt. #194-13) ("Martinez IAB Interview"); Pl.’s Statement ¶ 8.C. Ms. Martinez's description of one of her assailants matches Sergeant Laliberte. Id. at ¶ 8.B.

From here on, the parties agree. Ms. Martinez suffered her injuries at around 12:30 AM. Pl.’s Statement ¶ 8.B; Command Center Call Tr. 5:17-19; DiGennaro Dep. II, at 292:15-17. No officer gave medical care, and the officers did not record the incident. Report & Recommendation 31 (Dkt. #100) ("R. & R."); Pl.’s Statement ¶ 8.C. By the time officers sent Ms. Martinez to Central Booking, her right wrist was so swollen it took two handcuffs to secure it. Martinez Dep. 73:14-21.

At Central Booking, medical screeners immediately redirected Ms. Martinez and the two officers with her, Officer Trotter and Sergeant Pontecorvo, to the emergency room. Id. at 73:22-74:2. Ms. Martinez's and the officers’ conflicting accounts of how she sustained her injuries are memorialized in a medical report. Unscheduled ED Physician Progress Note, Pl.’s Ex. 39 (Dkt. #193-39) ("Progress Note"). An X-ray showed no broken bones. Queens Hospital Center Note, Pl.’s Ex. 51 (Dkt. #193-51) ("QHC Note"). The doctor gave Ms. Martinez a splint, prescribed Motrin and Maalox, and advised her to follow up with a hand specialist. Progress Note; Pl.’s Statement at ¶ 16. At 9:19 AM, Lieutenant Camhi made a call to the Internal Affairs Bureau (IAB) Command Center, in which he stated that Ms. Martinez had injured herself punching a wall. Command Center Call Tr. 5:6-17.

Afterward, medical records indicate Ms. Martinez continued to experience chronic pain in her hand. Rose Martinez Medical Records, Pl.’s Ex. at 53 (Dkt. #194-53). This pain resulted in multiple medical visits and ultimately culminated in surgery. Ibid. at 53; Pl.’s Statement ¶ 14. Meanwhile, Lieutenant Camhi's call to IAB triggered investigations by the Queens Patrol Borough, the 107th Precinct,...