Salmon v. Hansen, 1:10-CV-32
| Decision Date | 30 November 2011 |
| Docket Number | 1:10-CV-32 |
| Parties | OLIVER SALMON, Plaintiff, v. T.L. HANSEN, individually and in his official capacity as an Albany, New York Police Officer; J. KITTLEMAN, individually and in his official capacity as an Albany, New York Police Officer; JOHN DOE 1, the name being fictitious but intended to represent one or more Albany, New York Police Officers, individually and in their official capacity as Albany, New York Police Officers; JOHN DOE 2, the name being fictitious but intended to represent one or more Albany, New York Police Officers, individually and in their official capacity as Albany, New York Police Officers; CITY OF ALBANY POLICE DEPARTMENT; and THE CITY OF ALBANY, NEW YORK, Defendants. |
| Court | U.S. District Court — Northern District of New York |
(MAD/RFT)
APPEARANCES:
OFFICE OF KEITH F. SCHOCKMEL
4 Atrium Drive
Attorneys for Plaintiff
CITY OF ALBANY DEPARTMENT OF LAW
Attorneys for Defendants
OF COUNSEL:
KEITH F. SCHOCKMEL, ESQ.
JOHN JOSEPH REILLY, ESQ.
ANDREW H. WOOD, ESQ.
MEMORANDUM-DECISION AND ORDER
On January 8, 2010, Plaintiff commenced this action pursuant to 42 U.S.C. § 1983, alleging violations of his civil rights as a result of events that occurred on the morning of August 19, 2007. See Dkt. No. 1. The complaint contains six counts that allege federal and state-law causes of action for, among other things, false imprisonment, false arrest, illegal seizure, malicious prosecution, intentional infliction of emotional distress, and racial profiling. See id. at ¶¶ 65-83.
Currently before the Court are Defendants' motion for summary judgment and Plaintiff's cross motion for summary judgment as to liability.
On August 19, 2007, in the early morning, Plaintiff and two other men were driving on North Pearl Street, in Albany, New York. See Dkt. No. 19-2 at ¶ 7. A large crowd of people congregating in the street blocked the way, forcing the driver of the vehicle to attempt to go around. See id. at ¶ 8. Plaintiff claims that, as the driver attempted to go around the crowd, it appeared that someone in the crowd had hit the car, so the driver pulled over to investigate. See id. at ¶ 9. Thereafter, Plaintiff alleges that, as soon as he and the driver exited the car, they were attacked by the crowd. See id. at ¶ 10. Plaintiff claims that, once he was able to break free from his attackers, he first ran to Jillian's nightclub to seek help, but was refused. See id. at ¶ 16. Upon being refused, Plaintiff alleges that he found a taxicab and got inside. See id. at ¶ 17. The cab, however, refused to leave as the crowd surrounded the vehicle.
On August 19, 2007, Defendants Hansen and Kittleman were working the midnight shift. See Dkt. No. 18-17 at ¶¶ 2, 4. At some point during the early morning hours of August 19, 2007, Defendants Hansen and Kittleman were dispatched to the area near Jillian's nightclub, which is located at 59 North Pearl Street, because of a report of a fight with multiple stab victims. See id. at ¶¶ 6-7; Dkt. No. 19-2 at ¶ 18. Upon Defendant Kittleman's arrival, he was directed by Sergeant James Gallagher to act as crowd control and to prevent further incidents of violence. See Dkt. No. 18-17 at ¶ 8. Upon arriving, "Defendant Hansen observed a 'chaotic' scene with at least 100 people in the vicinity, 'running and scattering all over the place.'" See Dkt. No. 19-2 at ¶ 20 (citing Hansen deposition, pages 32, 47). Upon Defendant Hansen's arrival, however, she stopped at the area of the intersection of Pine and Pearl Streets because she was flagged down by a taxicab driver. See id. at ¶ 11; Dkt. No. 19-2 at ¶ 19. Defendant Hansen asserts that the taxicab driver told her that Plaintiff had gotten into the back seat of his taxi and told him to "get out of here." See Dkt. No. 18-17 at ¶ 12. Upon approaching the taxicab, several members of the crowd that had surrounded the car yelled that Plaintiff, the occupant of the taxi, had stabbed somebody. See id. at ¶ 16; Dkt. No. 19-2 at ¶ 28. Several other people in the crowd, however, yelled that Plaintiff had not done anything wrong and that Defendants were taking into custody the wrong person. See Dkt. No. 19-2 at ¶ 31
Plaintiff was then transported to the emergency room at Albany Medical Center for treatment of a stab wound that he sustained at some point prior to his arrest. See Dkt. No. 19-5 at 3. While at the emergency room, Defendant Hansen took Plaintiff's property and observed that he had three cell phones in his possession. Plaintiff explained that he found a third phone on the ground when he retrieved his and the driver's phones, which had both been knocked from their hands during the crowd's attack.
At the same time that Plaintiff was being treated for his stab wound at Albany Medical Center, an individual named Robert Hanks was also there for treatment of a wound that he had suffered during the same incident on Pearl Street. See Dkt. No. 19-2 at ¶¶ 42, 51. Defendant Kittleman accompanied Mr. Hanks. See id. at ¶¶ 44,58. Mr. Hanks gave Defendant Kittleman a statement concerning the morning's events. See id. at ¶ 44. In this statement, Mr. Hanks informed Defendant Kittleman that his cell phone was missing and that he dropped the phone during that morning's incident. See id. at ¶¶ 57-58.
As a result of the incidents on the morning of August 19, 2007, Plaintiff was charged with Assault in the Second Degree, Criminal Possession of a Weapon in the Fourth Degree, and Criminal Possession of Stolen Property. See Dkt. No. 19-5 at 4. Plaintiff was denied bail and he spent three additional nights in jail. See id.
In support of the charges, Defendants obtained the supporting deposition of John Mantynen, an alleged eyewitness to the events of that morning and Mr. Hanks' friend. See Dkt. No. 18-15. In Mr. Mantynen's sworn statement, he stated that he and Mr. Hanks were outside watching as bouncers from a nightclub were trying to get a person who was involved in a fight to leave. See id. at 1. While this was occurring, everyone observing the events "kind of ended up in the middle of the street and then a car drove by and [Mr. Mantynen] heard a thump and saw that the side mirror clipped somebody and the mirror then fell off." See id. At this point, someone in the crowd yelled at the car, which stopped as the crowd moved towards it. See id.
Mr. Mantynen then described the driver of the vehicle and a passenger, who was later identified as Plaintiff. See id. (). Mr. Mantynen stated that, after the men in the car exited their vehicle, fighting resumed and Mr. Hanks was next to the driver and the driverwas getting "pushed around." See id. At this point, Mr. Mantynen claims that he "saw the passenger who was wearing the light brown jump suit go up and cut [Mr. Hanks] on the forehead." See id. Mr. Mantynen admits, however, that he "didn't see a knife or anything sharp in the guy's hand but I saw the minute he struck [Mr. Hanks] on the forehead and slashed him blood started coming from [Mr. Hanks'] forehead." See id. After trying to get the bouncers at Jillian's nightclub to restrain Plaintiff and following the attacker while he fled the scene, Mr. Mantynen went back to the nightclub he was at to get Mr. Hanks and others they were with. See id. at 1-2. Mr. Mantynen claims that, after returning, he noticed that "[t]hey had the guy who slashed [Mr. Hanks] in cuffs in front of Jillians." See id. He then approached the police and "told him [that he] was positive that the guy they had in handcuffs was the guy who" cut his friend. See id. at 2. Despite the fact that Plaintiff was no longer wearing his hat, he was still wearing the light brown jumpsuit and ponytail, and Mr. Mantynen stated that he "was positive that the guy they had in handcuffs was the guy who" cut his friend. See id. At some point after this event, Detective Kevin Quinlivan told Mr. Mantynen that Plaintiff was the person in custody. See id.
In a decision and order dated September 16, 2008, Albany City Court Judge Rachel L. Kretser dismissed the Criminal Possession of a Weapon in the Fourth Degree charge filed against Plaintiff because the information was insufficient on its face. See Dkt. No. 19-10 at 1-2. The court noted that the supporting deposition stated that Mr. Mantynen "didn't see a knife or anything sharp in the [Plaintiff's] hand." See id. at 2. As such, the court found that the "non-hearsay allegations fail to establish, if true, every element of the offense charged." See id. (citation omitted). Thereafter, the court refused to dismiss the Criminal Possession of Stolen Property in the Fifth Degree charge because of Defendant Kittleman's sworn statement. See id. at 3.
At a hearing on May 8, 2009, the remaining charges against Plaintiff were dismissed "in the interest of justice[.]" See Dkt. No. 19-11 at 3.
1. Summary judgment standard
A court may grant a motion for summary judgment only if the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment for the movant as a matter of law. See Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 36 (2d Cir. 1994) (citations omitted). When analyzing a summary judgment motion, the court "'cannot try issues of fact; it can only determine whether there are issues to be tried.'" Id. at 36-37 (quoting Donahue v. Windsor Locks Board of Fire Commissioners, 834 F.2d at 58) (other citation omitted). Furthermore, in assessing the record to determine whether any such issues of material fact exist, the court is required to resolve all ambiguities and draw all reasonable inferences in favor of the nonmoving party. See id. at 36 (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S. Ct. 2505, 2513-14, 91 L. Ed. 2d 202 (1986)) (other ...
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