Messina v. Mazzeo
| Decision Date | 24 May 1994 |
| Docket Number | No. 93-CV-2931.,93-CV-2931. |
| Citation | 854 F. Supp. 116 |
| Parties | James MESSINA, Plaintiff, v. Police Officers Frederick T. MAZZEO, John McCowan, Elander Williams, Marc Alvarez, Scott Harris, Lance Ho, and John Keegan, individually and in their official capacities as police officers for the City of New York, Correction Officer Harold Watson, individually and in his official capacity as a correction officer for the City of New York, Ernel Lewis, M.D., individually and in his official capacity as a doctor for the City of New York, City of New York, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
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Joseph F. Tringali, Eric S. Kobrick, Aaron K. Kann, Simpson Thacher & Bartlett, New York City, for plaintiff.
Katherine Winningham, Asst. Corp. Counsel, Law Dept., New York City, for defendants.
This is a motion to dismiss plaintiff's civil rights complaint and pendent state law claims stemming from the treatment he received during his arrest and pretrial detention. In the alternative, defendants move for partial summary judgment.1 For the following reasons, defendants' motion is granted in part and denied in part.
Although several facts are conceded, many are in dispute. To the extent that defendants have moved for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), plaintiff's allegations will be accepted as true. For the two claims upon which defendants seek summary judgment pursuant to Federal Rule of Civil Procedure 56, see note 1 supra, the court has looked to matters outside of the pleadings including plaintiff's medical records, the affidavit of the prison physician, and the affidavit of plaintiff's attorney which asserts that further discovery is needed.
On April 2, 1992, at approximately 4:00 p.m., plaintiff James Messina ("Messina") was in the vicinity of Allen, Broome and Orchard Streets in New York City, when he was arrested by several New York City police officers. There is a dispute as to how the arrest transpired and the amount of force which was used in executing the arrest. Defendants contend that the police officers pursued Messina and apprehended him and that "reasonable force was applied in order to apprehend and handcuff plaintiff." Defs.' 3(g) Statement, ¶ 2. Plaintiff alleges that, in order to avoid a confrontation with the officers in front of his wife and two-year old son, he started running away after he saw the officers running toward him, stopped, and was then arrested. Third Amended Complaint ("Complaint"), ¶¶ 17, 18; Pl.'s 3(g) Statement, ¶ 2. The complaint further alleges that the officers threw Messina to the ground; that one of the officers stood on his back with one foot while ignoring his contention that he could not breathe; that the officers handcuffed plaintiff with excessive tightness; and that while in the police car "without any provocation by plaintiff, who was still tightly handcuffed, defendant Police Officer slapped plaintiff several times in the face with his hand, and hit plaintiff several times in his abdomen and on his legs with a night stick, causing plaintiff severe pain." Complaint, ¶ 21.2 Messina also alleges that he was "slapped and punched" when he arrived at the station house, and that the individual police officers "beat him with their night sticks, without provocation, and despite the fact that plaintiff was still handcuffed." Complaint, ¶ 22. Messina was also told by one of the police officers while at the station house that "You'll never forget this day," at which point he allegedly received a further round of slaps across the face, again allegedly without any provocation. Complaint, ¶ 23. Plaintiff also alleges that one of the police officers hit him in the back of the knees with a night stick, Complaint, ¶ 23, and that during his strip search he was slapped again, Complaint, ¶ 24. In the Complaint Messina states that no one attempted to intercede on his behalf during these beatings. Complaint, ¶ 24 ().
Defendants contend that it is undisputed that Messina received no serious injuries from these alleged beatings. Defendants base this contention on the fact that plaintiff allegedly did not allege that he received any particular injuries, Defs.' 3(g) Statement, ¶ 7 (), and on the medical records and photographs of plaintiff taken at the time of his arrest, e.g., Defs.' 3(g) Statement, ¶ 4 (). In Paragraph 25 of the Complaint, however, plaintiff states that "as a result of the excessive force used by defendant Police Officers and the failure to intercede to stop the use of such force despite realistic opportunities to do so, plaintiff sustained physical injuries to his right wrist, abdomen, face and legs, causing him to suffer intense pain, and emotional pain and suffering." See also Pl.'s 3(g) Statement, ¶¶ 6, 7 ().
Two days following his arrest, on April 4, 1992, plaintiff was charged with criminal possession of a controlled substance and criminal possession of a hypodermic instrument in violation of New York Penal Law §§ 220.03 and 220.45 (McKinney 1989). On the day that he was charged, plaintiff was transferred to the custody of the New York City Department of Correction (the "DOC") and transported to "C95" at Rikers Island. Complaint, ¶ 27.
For the purposes of defendants' motion to dismiss, the following facts are accepted as true. At approximately 11:15 a.m. on April 4, 1992, Messina arrived at Rikers Island and was interviewed by defendant Correction Officer Harold Watson ("Watson" or "Correction Officer Watson"). Complaint, ¶ 28. Watson asked plaintiff a number of questions for the purpose of completing a New York City Department of Correction Manual Admission and Classification Form (the "Form"). Watson asked Messina, "What is your religion?" After Messina informed Watson that he was Jewish, Watson replied, "While you're here, you'll be Catholic." Plaintiff again stated that he was Jewish, to which Watson replied: Complaint, ¶ 29. Watson then wrote "R/C" on the Form for prisoner's religion. Affidavit of Eric S. Kobrick, March 18, 1994 ("Kobrick Aff'd"), Ex. B.
Messina then received an orange identification card signifying that he is a Christian, instead of a blue identification card given to Jewish inmates. Complaint, ¶ 29. A blue identification card entitles Jewish inmates to certain privileges including kosher food and the right to attend religious services. Complaint, ¶ 29. Plaintiff alleges, and defendants do not contest for purposes of this motion, that he is a "sincere follower of and believer in the Jewish faith." Complaint, 30. Significantly, plaintiff does not allege that he specifically requested kosher food and was then denied the same; that he requested the right to attend religious services and was refused; or that he requested the right to dress in a certain manner or grow a beard but was told that he could not. Rather, plaintiff alleges that "as a result of defendant Correction Officer Watson's actions, plaintiff was, with religious animus, denied access to kosher food and was otherwise subjected to abuse, insult and emotional distress." Complaint, ¶ 31.
Plaintiff alleges that when he arrived at Rikers Island on April 4, 1992, he was a recovering heroin addict and a participant in a methadone maintenance treatment program at the Lower East Side Service Center, Inc. (the "Center"). Complaint, ¶ 32. Plaintiff further alleges that he received a Methadone Maintenance Treatment Program Identification Card from the Center which was taken from him at the time of his arrest. "At the Fifth Precinct, plaintiff asked defendant Police Officers to make sure that the Methadone ID card was returned to him, but it never was." Complaint, ¶ 33. When Watson prepared the Form discussed supra, he noted that Messina was a drug abuser and that the drug in question was "meth." Kobrick Aff'd, Ex. B.
It is undisputed that Messina was examined by the medical staff at Rikers Island upon his arrival, that his medical history was taken, and that he was seen by defendant Dr. Ernel Lewis ("Lewis"), who is employed by the Montefore Hospital which provides medical services at Rikers Island pursuant to a contract with the DOC. Affidavit of Ernel Lewis, M.D., March 29, 1994 ("Lewis Aff'd"), ¶ 1. Plaintiff alleges that at the time of his examination he was suffering from "acute withdrawal caused by the failure to receive methadone treatment." Complaint, ¶ 37. Plaintiff states that when he met with Lewis he informed the doctor that he was suffering from withdrawal and needed to receive methadone. Complaint, ¶ 38. According to the complaint, Lewis replied by saying, Complaint, ¶ 39. It is undisputed that Messina did not receive methadone at this time. Rather, three days later, on April 7, 1992, after the medical staff at Rikers Island received confirmation from the Center that Messina was in a 21-day methadone program, plaintiff was prescribed methadone for a 21-day period. Defs.' 3(g) Statement, ¶ 24.3
The reason why Messina was not given methadone upon his arrival at Rikers Island is a matter of dispute. Plaintiff contends that...
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