Mejia v. City of New York

• Decision Date: 05 September 2002
• Docket Number: Civil Action No. 96-CV-3007(DGT).
• Citation: 228 F.Supp.2d 234
• Parties: Luis MEJIA and Aura Dina Mejia, Plaintiffs, v. CITY OF NEW YORK, Airborne Freight Corporation, Brenda Tipton, Daniel McNicholas, and John Skinner, Defendants.
• Court: U.S. District Court — Eastern District of New York

Page 234

228 F.Supp.2d 234

Luis MEJIA and Aura Dina Mejia, Plaintiffs, v. CITY OF NEW YORK, Airborne Freight Corporation, Brenda Tipton, Daniel McNicholas, and John Skinner, Defendants.

Civil Action No. 96-CV-3007(DGT).

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

September 5, 2002.

Leon Friedman, New York City, for Plaintiffs.

Richard M. Sand, Garden City, NY, for Airborne Freight Corporation.

Alan Vinegrad, U.S. Attorney for the Eastern District of New York, Brooklyn, NY, for Brenda Tipton.

Michael D. Hess, Corporation Counsel of the City of New York, New York City, for City of New York, Daniel McNicholas, and John Skinner.

MEMORANDUM AND ORDER

TRAGER, District Judge.

Plaintiffs Luis and Aura Mejia originally brought this § 1983/Bivens action against the City of New York, Airborne Freight Corporation, U.S. Customs Service Special Agent Brenda Tipton, and Sergeant Daniel McNicholas and Detective John Skinner of the New York City Police Department ("NYPD") alleging false arrest, false imprisonment, use of excessive force, and malicious prosecution, all in relation to the controlled pickup of a shipment of cocaine. The Mejias also asserted pendent state law claims for false arrest, false imprisonment, malicious prosecution, and intentional infliction of emotional distress against various defendants.

By the Memorandum and Order of October 5, 2000:(1) the City's motion for summary judgment was granted; (2) Airborne's motion for summary judgment was granted with respect to the § 1983 excessive force claims and the intentional infliction of emotional distress claims, but denied with respect to the § 1983 false arrest and malicious prosecution claims, and the state law malicious prosecution claims; (3) Tipton's motion for summary judgment was granted with respect to the Bivens excessive force claims and the intentional infliction of emotional distress claims, but denied with respect to the Bivens false arrest and malicious prosecution claims; (4) McNicholas's motion for summary judgment was granted with respect to the state law false arrest claims, but denied with respect to the § 1983 false arrest, malicious prosecution, and excessive force claims, and the intentional infliction of emotional distress claims; and (5) Skinner's motion for summary judgment was granted with respect to the state law false arrest and intentional infliction of emotional distress claims, but denied with respect to the § 1983 false arrest, malicious prosecution, and excessive force claims. See Mejia v. City of New York, 119 F.Supp.2d 232, 289 (E.D.N.Y.2000).

In addition, Airborne was granted leave to renew its motion for summary judgment on the § 1983 false arrest and malicious prosecution claims on the ground that plaintiffs have not shown that Airborne's alleged constitutional violations resulted from an official policy of Airborne, and on the state law malicious prosecution claims on the ground that they are untimely.¹ See id. Airborne did so on October 16, 2001.

Background

Familiarity with the facts of this case is assumed, see id. at 243-52, but in addition to any new relevant facts, the facts relevant to the current motion are taken from the Memorandum and Order and will be repeated in some detail.

(1)

There is no dispute over the initial events of this case. On November 18, 1993, U.S. Customs Service agents in Miami intercepted a package from Bogota, Columbia in which more than a pound of cocaine had been hidden in the covers of three books of textile samples. The package had been delivered to Miami by a Columbian express courier for transfer to Airborne, the connecting domestic courier. The airbill identified the recipient as Complete Diagnostic Best Sports Car Service in Hollis, New York, but did not list an individual addressee. The airbill also gave the recipient's phone number.

The Miami Customs officials forwarded the package to Tipton, an agent in the New York Customs office. Because the package contained less than one kilogram of cocaine, the matter fell outside federal prosecution guidelines. Tipton thus contacted Detective McNicholas about the possibility of the NYPD conducting a controlled delivery of the package.

On November 19, 1993, Tipton contacted John Bezmen, Airborne's regional security manager, and asked him to arrange to place an entry in Airborne's computer system to reflect a delay due to misrouting so as not to arouse the suspicion of the unknown recipient. Bezmen agreed to the request and offered to cooperate in any subsequent controlled delivery of the package.

That same day, another Customs Service agent visited Complete Diagnostic, and picked up a business card for the garage which included the name "Luis" and a telephone number that matched the one on the airbill. Tipton and McNicholas first considered having Customs sign over the package to the NYPD for a controlled delivery on the following day, but abandoned the plan because McNicholas believed there would be no way of knowing whether the person who happened to sign for the package at the garage was the intended recipient.

(2)

At the time of these events, Bezmen was supervised by Donald McGorty, the Airborne's Director of Security for Area 1, which covered the northeast. McGorty Dep. at 12. Bezmen was one of three "investigators" who reported to McGorty, and was stationed at Kennedy Airport. Id. at 13.

Bezmen stated in a deposition that he had been involved in "a dozen or so" investigations into shipments of illegal drugs. Bezmen Dep. at 22, 52. The record is not clear, but Bezmen apparently worked for as an investigator for at least five years before the incidents relevant to this case occurred, and perhaps longer.² The investigations into shipments of illegal drugs would occur when an Airborne employee found drugs in a package, and asked Bezmen's advice on what to do. Id. at 23-24. "Usually," Bezmen's only role was to call the police or tell the other Airborne employee to do so. Id. However, in some instances, law enforcement officials wanted to do a controlled delivery, so Bezmen gave them uniforms and a van. Id. at 27, 51. Airborne employees did not participate in controlled deliveries. McGorty Dep. at 34. Bezmen said that in those situations, he told the other Airborne employee to "just cooperate with what they needed and assist them in any manner they could. That is the normal scenario." Bezmen Dep. at 23-24. McGorty agreed, and added that he wanted Airborne employees to make sure that the law enforcement officers had a warrant before assisting them with a controlled delivery because for "the police to go out without a warrant is fraught with danger." McGorty Dep. at 25-26, 30-32.

Although McGorty was Bezmen's supervisor, he did not actively oversee Bezmen's involvement in controlled deliveries. Id. at 15-17. Bezmen never asked McGorty's advice about how to conduct a controlled delivery; nor did McGorty ever review Bezmen's actions in them. Id. at 16-17.

At this time, Thomas Gennarelli was an Airborne cartage supervisor at Airborne's Inwood Station who supervised a group of thirty drivers. Gennarelli Dep. at 7. Gennarelli's direct supervisor was District Manager Bill Savino. Id. at 13. Gennarelli stated he was involved in approximately three controlled deliveries in his two years as Inwood Station's cartage supervisor. Id. at 13-14. In those situations, he provided a van and/or uniforms to the law enforcement officials, and "[t]he norm was to cooperate" with them. Id. at 16, 23.

(3)

At this point in the story, plaintiffs' and defendants' accounts of the events diverge widely. According to the defendants, on November 29, 1993, Tipton spoke to Bezmen, who had previously left a message for her. Bezmen told her that he had noticed an entry on Airborne's computer that indicated someone named "Luis" had called on November 22, 1993, asked about the package, and left the phone number for Complete Diagnostic.³ Tipton and McNicholas then conferred to make arrangements for a controlled pickup at Airborne's facility the next day, November 30, 1993.

At Tipton's request, Gennarelli called the contact number and asked for "Luis Mejia."⁴ A person answered and said: "This is Luis." Gennarelli told "Luis" that his package was available for pickup at Airborne's Inwood station, which is located near JFK. Gennarelli further advised "Luis" that he should come to pick up the package after noon the next day, November 30, 1993. Gennarelli does not recount having to give "Luis" any reasons as to why he was required to pick up the package at the Airborne office as opposed to it being delivered to Complete Diagnostic; Gennarelli stated that "Luis" simply agreed without asking any questions. According to Gennarelli, the call lasted approximately two minutes. After the call, Gennarelli advised Tipton that "Luis" said he would come to Airborne's facility the next day to pick up the package.

On November 30, 1993, Tipton brought the package to Airborne's Inwood station and signed it over to Detective Skinner. According to Tipton, she had no further role in the controlled pickup, though she remained at the facility until Mr. Mejia arrived.

Skinner placed the intercepted package in an Airborne box, sealed it, and gave it to Gennarelli. The police then waited for Mr. Mejia's arrival out of sight in prearranged positions.

Later that day, Mr. Mejia set off for the Airborne office along with his wife. Along the way, he got lost and had to call for directions. Gennarelli answered, or was given, the call and provided Mr. Mejia with additional directions. Shortly thereafter, Luis Mejia entered Airborne's facility and walked up to Gennarelli, who was wearing an Airborne uniform. Mr. Mejia signed for the package, accepted delivery, and walked out. According to Gennarelli, Mr. Mejia did not inspect the package while he was in the office or indicate in any way that the package was unexpected. According to Skinner, who was watching from the reception area of the...