Saint-Guillen v. U.S.

• Decision Date: 28 September 2009
• Docket Number: No. 08-cv-441(DLI)(JO).,08-cv-441(DLI)(JO).
• Citation: 657 F.Supp.2d 376
• Parties: Maureen SAINT-GUILLEN, individually, and as Administratrix of the Estate of Imette Saint-Guillen, and the Estate of Imette Saint-Guillen, Plaintiffs, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Eastern District of New York

Page 376

657 F.Supp.2d 376

Maureen SAINT-GUILLEN, individually, and as Administratrix of the Estate of Imette Saint-Guillen, and the Estate of Imette Saint-Guillen, Plaintiffs, v. UNITED STATES of America, Defendant.

No. 08-cv-441(DLI)(JO).

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

September 28, 2009.

COPYRIGHT MATERIAL OMITTED

Joseph Tacopina, Law Offices of Joseph Tacopina, P.C., New York, NY, for Plaintiffs.

Timothy D. Lynch, United States Attorneys Office Eastern District of New York, Brooklyn, NY, for Defendant.

MEMORANDUM & ORDER

DORA L. IRIZARRY, District Judge:

Plaintiffs Maureen Saint-Guillen, individually and as Administratrix of the Estate of Imette Saint-Guillen, and the Estate of Imette Saint-Guillen have brought this action against the United States under the Federal Tort Claims Act ("FTCA" or the "Act"), 28 U.S.C. §§ 1346(b)(1), 2671-2680, for the kidnapping, rape, and murder of Imette Saint-Guillen at the hands of federal probationer, Darryl Littlejohn. Plaintiffs allege that the United States Probation and Pre-trial Services System failed to supervise and control Littlejohn, as required by his sentence and federal statute. Additionally, plaintiffs claim that defendant negligently hired, trained, supervised, and retained its employees, thus resulting in its failure to supervise Littlejohn. According to plaintiff, these failures were the proximate causes of Imette Saint-Guillen's assault and murder. Defendant has moved to dismiss the entire action under Fed.R.Civ.P. 12(b)(1) and (6), arguing that: (1) quasi-judicial absolute immunity bars the claims; and (2) it did not owe a duty of care to plaintiffs under New York law. Additionally, defendant contends that the Discretionary Function Exception of the FTCA precludes the claims against its hiring, training, retention, and supervising practices. For the reasons set forth below, the motion is granted, in part, and denied, in part. The claims for negligent hiring, training, supervision, and retention are dismissed pursuant to the Discretionary Function Exception. The remaining claims may proceed.

I. Facts

On March 26, 1999, Littlejohn pled guilty before United States District Judge Jacob Mishler, formerly of this court, to Bank Robbery by Force of Violence. (Compl. at ¶ 11.) The court sentenced him to a 41-month term of imprisonment to run concurrently with a previously imposed state sentence followed by three years of probation under defendant's supervision. (Compl. at ¶¶ 12, 13.) Littlejohn was released in 2004. (Compl. at ¶ 16.) Upon his release, he was declared a "menace to society." (Compl. at ¶ 17.) Littlejohn has a history of parole violations and violent felonies. (Compl. at ¶ 18.)

Contrary to the court's sentencing order, defendant completely failed to supervise Littlejohn. (Compl. at ¶¶ 21-23.) Apparently, defendant was unaware of Littlejohn's release date, and, therefore, failed to place him on active supervision. (Compl. at ¶¶ 20, 24.) The Chief of the United States Probation Department for the Eastern District of New York, Tony Garoppolo, admitted that the Probation Service for the Eastern District of New York should have known the release date. (Tacopina Decl. Ex. C; Pl.'s Compl. at ¶¶ 23-25). Garoppolo explained that Littlejohn "fell between the cracks," because of "human error," and the support worker responsible for the error had been laid off. (Tacopina Decl. Exs. C, E, F.)

As a result of defendant's failure, Littlejohn worked as a bouncer at the "Falls" bar in violation of his conditions of probation. (Compl. at ¶ 26.) On February 25, 2006, while working at the bar, Littlejohn met Imette Saint-Guillen. (Compl. at ¶ 28.) Either that evening or during the early hours of the next day, he kidnapped, raped, and murdered Imette Saint-Guillen. (Id.) On June 3, 2009, a Kings County state court jury found Littlejohn guilty of rape and murder in the first degree for the killing of Imette Saint-Guillen, and, on July 8, 2009, he was sentenced to life without parole.

II. Discussion

a. Legal Standards

In evaluating a motion to dismiss under Rule 12(b)(1), the court accepts as true all factual allegations in the complaint; however, it should not draw inferences favorable to the party asserting jurisdiction. J.S. ex rel. N.S. v. Attica Cent. Sch., 386 F.3d 107, 110 (2d Cir.2004) (citation omitted). "A case is properly dismissed for lack of subject matter [sic] jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000). "The plaintiff bears the burden of proving subject matter [sic] jurisdiction by a preponderance of the evidence." Aurecchione v. Schoolman Transp. Sys., Inc., 426 F.3d 635, 638 (2d Cir.2005). In determining the existence of subject-matter jurisdiction, a district court may consider evidence outside the pleadings. Arar v Ashcroft, 532 F.3d 157, 168 (2d Cir.2008) (citing Makarova, 201 F.3d at 113). Subject-matter jurisdiction is a threshold issue, and thus, where a party moves to dismiss under both Rules 12(b)(1) and 12(b)(6), the court must address the 12(b)(1) motion first. Sherman v. Black, 510 F.Supp.2d 193, 197 (E.D.N.Y.2007) (citing Rhulen Agency, Inc. v. Alabama Ins. Guar. Ass'n, 896 F.2d 674, 678 (2d Cir.1990)).

"[T]he terms of [the United States's] consent to be sued in any court define that court's jurisdiction to entertain the suit." United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941) (citations omitted). "The FTCA, 28 U.S.C. §§ 1346(b), 2401(b), and 2671-2680, constitutes a limited waiver by the United States of its sovereign immunity" and allows for a tort suit against the United States under specified circumstances. Millares Guiraldes de Tineo v. United States, 137 F.3d 715, 719 (2d Cir.1998) (citation omitted). For there to be a waiver, the claim must be

[1] against the United States, [2] for money damages, ... [3] for injury or loss of property, or personal injury or death [4] caused by the negligent or wrongful act or omission of any employee of the Government [5] while acting within the scope of his office or employment, [6] under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

28 U.S.C. § 1346 (emphasis added); see also F.D.I.C. v. Meyer, 510 U.S. 471, 475-76, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (citation omitted). Given that defendant's motion is based entirely upon assertions of quasi-judicial and sovereign immunity, the court considers this motion under Rule 12(b)(1) and not 12(b)(6). See Wake v. United States, 89 F.3d 53, 57 (2d Cir.1996) (explaining that if there is no waiver of sovereign immunity, a claim must be dismissed under Fed.R.Civ.P. 12(b)(1) and not Fed.R.Civ.P. 12(b)(6) for failure to state a claim).

b. Absolute Immunity Does Not Apply.

Defendant contends that it is immune from the instant claims under the doctrine of quasi-judicial immunity, which is a form of absolute immunity that applies to non-judicial officers when they perform judicial functions. In order to qualify, "[t]he proponent of a claim of absolute immunity bears the burden of establishing the justification of such immunity." Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 432, 113 S.Ct. 2167, 124 L.Ed.2d 391 (1993). "The presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties." Id. at 432 n. 4, 113 S.Ct. 2167 (citation and internal quotation marks omitted). To determine whether a defendant is entitled to quasi-judicial immunity, the court must take a "functional approach" and examine the conduct at issue. King v. Simpson, 189 F.3d 284, 287-88 (2d Cir.1999).

The Second Circuit has identified two situations in which this immunity applies. First, the immunity shields conduct that is functionally comparable to that of a judge. Therefore, a "parole board official is absolutely immune from liability for damages when he decide[s] to grant, deny, or revoke parole, because this task is functionally comparable to that of a judge." Scotto v. Almenas, 143 F.3d 105, 111 (2d Cir.1998) (citations and internal quotation marks omitted, modification in original). Second, the immunity also applies to tasks that are "integrally related" to judicial proceedings. Mitchell v. Fishbein, 377 F.3d 157, 172 (2d Cir.2004) (citing Scotto, 143 F.3d at 111-12; Dorman v. Higgins, 821 F.2d 133, 136-38 (2d Cir. 1987).) Thus, the Second Circuit has granted quasi-judicial immunity to probation officers for preparing pre-sentence reports because, in preparing such reports, "a federal probation officer acts as an arm of the court and that task is an integral part of one of the most critical phases of the judicial process." Dorman v. Higgins, 821 F.2d 133, 137 (1987). Here, defendant's conduct does not qualify for absolute immunity under either standard.

In Scotto, the Second Circuit held that under the "functionally comparable" test, a parole officer who recommended the issuance of a parole-violation warrant to his supervisor was not entitled to absolute immunity because he "did not make an adjudicative decision to revoke Scotto's parole." 143 F.3d. at 111. Similarly, in this instance, defendant did not make an adjudicative decision about Littlejohn's probation. Instead, it committed "a ministerial mistake of its procedures" when one of its support workers neglected to record Littlejohn's release date. (Compl. at ¶ 22; Tacopina Decl. Exs. C, E, F.) Therefore, defendant is not entitled to absolute immunity on this ground.

Under the "integrally related" test, "[t]he more distant a function is from the judicial process, the less likely judicial immunity will attach." Scotto, 143 F.3d at 111 (citations and internal quotation marks omitted, modification in original). Thus, the Fifth and Eighth...