Peterson v. County of Nassau
| Decision Date | 23 February 1998 |
| Docket Number | No. 95-CV-2028 (JS).,95-CV-2028 (JS). |
| Citation | 995 F.Supp. 305 |
| Parties | Charles PETERSON and Leonard Weston, Plaintiffs, v. The COUNTY OF NASSAU, Defendant. |
| Court | U.S. District Court — Eastern District of New York |
Joseph Lanni, Dinkes & Morelli, New York, NY, for Plaintiffs.
Taso Kalapoutis, Deputy County Atty., Office of the County Attorney, Mineola, NY, for Defendant.
On May 30, 1994, plaintiffs Charles Peterson and Leonard Weston had what can only be described as a less than memorable Memorial Day. Their chance visit to a local Genovese store to purchase medication for Mr. Peterson's sore gums resulted in their unfortunate misidentification and arrest as robbery suspects.
The plaintiffs initiated this action against the police officers involved and Nassau County ("County") under 42 U.S.C. § 1983 and state law claims of false arrest, false imprisonment and malicious prosecution. Only the false arrest claims against the County survived the defendants' motions and were presented to the jury. After deliberating for approximately one hour, the jury returned substantial verdicts of $160,000 for each plaintiff as against the County.
Presently before the Court are the defendant's post-verdict motions for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) and for a new trial pursuant to Fed.R.Civ.P. 59. The defendant asserts the following grounds in support:
1) Under the totality of the circumstances, defendant's police officers had probable cause to arrest the plaintiffs and therefore the defendant is entitled to judgment as a matter of law.
2) Defendant's police officers are entitled to qualified immunity and the defendant is entitled to state law governmental immunity and therefore judgment as a matter of law for the defendant should be granted.
3) Plaintiffs' counsel's summation was highly prejudicial and grossly improper, warranting a new trial.
4) The jury's verdict was excessive and unsupported by the weight of the evidence.
Plaintiffs Charles Peterson and Leonard Weston were both employed as Greyhound bus drivers. Tr. 187.1 Mr. Weston, a Nassau County resident, drove a round trip route from New York to Baltimore, Maryland. Tr. 138. Mr. Peterson, a Virginia resident at the time of the incident, drove a triangular route from Washington, D.C., to Cleveland, Ohio, then on to New York and back to Washington. Tr. 186. The two men met in the summer of 1990, and their friendship developed thereafter. Tr. 187. When Peterson was in New York, he would periodically contact and get together with Weston. Tr. 187. On the particular day in question, Peterson arrived in New York at 7:00 A.M., after driving in from Cleveland. Tr. 189. He was not scheduled to depart to Washington until 9:00 P.M., and he arranged with Weston to join Weston and Weston's family for a cookout. Tr. 190. Peterson took the Long Island Railroad to the Mineola station where he was met by Weston. Tr. 191. Peterson was bothered by sore gums and after Weston stopped at a florist, they proceeded in Weston's black Eagle Tallon to the Genovese store located at the intersection of Hillside Avenue and Herricks Road in Williston Park. Tr. 192-93. They entered the store at approximately 11:00 A.M. and it is from this point forward that the witnesses' descriptions of their actions begin to vary.
Lucia Viegas, a vigilant, security conscious store manager was supervising five employees at the Genovese store that morning. Tr. 329. Posted in three locations within the store and accessible only to store employees were police composite drawings — wanted posters — distributed by the corporate headquarters. Tr. 331. During the year leading up to this incident, three Genovese stores were robbed. Tr. 333. An employee of a neighboring Genovese reported spotting in his store one of the individuals wanted for robbery as depicted in the police composite drawing. Tr. 333. Ms. Viegas made sure that all the employees working for her were familiar with the composites and were trained in the store security procedures, in the event of a robbery, or the presence of a suspected robber. Tr. 333. Additionally, the store is equipped with surveillance cameras throughout, feeding six separate monitors, and a silent alarm that can be activated in two different ways. Tr. 334-35. On the date in question, Ms. Viegas was in the manager's booth in the front of the store and she observed Mr. Peterson and Mr. Weston in the cosmetics aisle. Tr. 335. She proceeded toward that aisle to offer assistance and as she approached she noticed their resemblance to the composite drawings. Tr. 336. She walked past them and then returned to glance at them again. Tr. 336. From her vantage, she was able to directly observe them for at least 30 seconds. Tr. 349. Returning to the manager's booth she took a second look at the composites and feeling confident that the plaintiffs were the individuals depicted, Viegas signaled an employee to activate the silent alarm. Tr. 338, 349. Ms. Viegas again walked past the two plaintiffs and confirmed her identification, this time observing the two men looking at the overhead surveillance cameras. Tr. 342. Additionally, Ms. Viegas noticed a small red vehicle parked directly in front of the store doors, matching the color and size of the car described in the composite. Tr. 340-41. At that juncture, she called 911 directly and reported that the men holding up Genovese drugstores could be in the store and that they matched the composites. Tr. 341-42. Immediately thereafter, the police arrived and she personally informed the first officer that the two men in the store matched the composites. Tr. 343. Ms. Viegas then observed the bigger man run from the front of the store towards the rear. Tr. 343. While Ms. Viegas was taking these actions, the plaintiffs were apparently oblivious to it all.
Mr. Peterson was suffering from sore gums and was looking for an employee to direct him to the proper location of the appropriate medication. Tr. 194. Peterson carried a variety of curatives to the pharmacy section in search of an educated recommendation. Tr. 194. After the counterperson suggested two products, Peterson sought out Mr. Weston. Tr. 196. Weston was at the check out counter and Peterson joined him. Tr. 197. As Peterson was paying for his items at the cash register, a police officer approached and told him to just stand still. Tr. 198.
Mr. Peterson recalled the officer patting down his clothes immediately after he was stopped, and inquiring as to whether he was with Weston. Tr. 199. The officer asked him to sit down at a picnic table on display in the store, and requested identification. Tr. 200. Peterson produced his Virginia driver's license and his Greyhound photo identification and the officer asked him what he was doing in Nassau County. Tr. 201, 202. After he explained his visit, he was not asked any other questions while at the store. Tr. 203. He was informed by the officer that he was being taken to the precinct for questioning, but was not told why, and handcuffs were applied. Tr. 204, 213.
When the police escorted Peterson and Weston out of the store, a crowd had gathered and started clapping and screaming— "Give them the chair." Tr. 212. He was brought to the precinct where he was placed inside a cell for approximately five to ten minutes before being brought upstairs for questioning. Tr. 206, 214. During questioning, he was told why he was being investigated and was shown the police composite sketch. Tr. 206. Afterward, he was brought into a separate room for further questioning by different detectives, and was handcuffed to a chair where he remained for the duration of his detention. Tr. 216, 219, 220. Additionally, the police took a instant Polaroid photograph of Mr. Peterson. Tr. 217. Approximately 20 minutes before he was released, the handcuffs were removed. Tr. 221. When the plaintiffs were released, Weston's car was at the precinct and it was obvious to Peterson that his bag had been opened and the contents gone through. Tr. 224. After the ordeal, Peterson was unable to drive back to Washington, D.C., and was not paid for the scheduled evening's trip. Tr. 226.
Meanwhile, Mr. Weston's account of his action's is equally innocuous. Mr. Weston testified that he was browsing the aisles and that he picked up some Gardenia bath gel and some paper plates. Tr. 145. Spotting his favorite stain remover, Spray and Wash, he gathered two bottles and proceeded to the cashier. Tr. 145. While his purchases were being tallied, Weston realized that the Spray and Wash was on sale. Tr. 150. He scampered back to the aisle to buy an additional bottle. Tr. 150. As he began to return to the register, he was stopped by a police officer. Tr. 151.
The officer motioned for him to put his hands up, and then patted him down. Tr. 151, 152. He was then handcuffed. Tr. 153. He was asked for identification and he told the officer that his wallet and keys were in the console of his car. Tr. 155. The officer took his keys out of his pocket and went outside the store with another officer. Tr. 155. When the police escorted him from the Genovese store, there was a large group of people gathered for the Memorial Day Parade, and they were shouting at them. Tr. 157, 163. In the police vehicle, Weston asked why he was being arrested, and he was shown the wanted poster. Tr. 158. At the precinct, he was taken upstairs and handcuffed to a railing. Tr. 167. He was questioned by a detective and a Polaroid photograph was taken, Tr. 169, Weston asked for the photograph, Tr. 171, but it was never returned up until the time of trial. Tr. 171. When he was released, his vehicle had apparently been searched. Tr. 175.
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