Sepulveda v. City of N.Y.

• Decision Date: 29 May 2020
• Docket Number: 15-CV-5187 (RRM) (CLP)
• Parties: BARRY SEPULVEDA, Plaintiff, v. CITY OF NEW YORK, et al., Defendants.
• Court: U.S. District Court — Eastern District of New York

BARRY SEPULVEDA, Plaintiff, v. CITY OF NEW YORK, et al., Defendants.

15-CV-5187 (RRM) (CLP)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

May 29, 2020

MEMORANDUM AND ORDER

ROSLYNN R. MAUSKOPF, Chief United States District Judge.

Plaintiff Barry Sepulveda brings this § 1983 action against the City of New York, New York City Police Department ("NYPD") Officers Ricky Alexander, Danny Golat, and Sean Haggerty, and NYPD Sergeant Michael DiCecco, alleging that defendants violated his rights under the Fourth Amendment to the Constitution by subjecting him to a visual body cavity search and hospitalizing him for six days following a traffic stop. Defendants now move for summary judgment. For the reasons set forth below, defendants' motion for summary judgment is granted.

BACKGROUND

I. Background Facts

Unless otherwise noted, the following facts are undisputed and are drawn from the parties' Local Rule 56.1 statements or from deposition testimony submitted by the parties.

On the evening of March 26, 2014, plaintiff Barry Sepulveda was getting a ride home in his friend's Nissan Murano, having just left a Best Buy store in Staten Island. (Defendants' Statement of Undisputed Facts ("Defs.' Rule 56.1 Stmt.") (Doc. No. 64) ¶ 6; Plaintiff's Statement of Material Disputed Facts ("Pl.'s Rule 56.1 Stmt.") (Doc. No. 67) ¶ 6; Stein Decl., Ex. A and Ohene Decl., Ex. 1 ("Sepulveda Dep.") (Doc. Nos. 65, 68-1) at 39, 42.) Sepulveda and his friend were headed toward Sepulveda's home at 68 Targee Street, also in Staten Island. (Defs.' Rule 56.1 Stmt. ¶¶ 5-6; Pl.'s Rule 56.1 Stmt. ¶¶ 5-6.) Before they reached Sepulveda's home, Sepulveda and his friend were pulled over by NYPD officers. (Defs.' Rule 56.1 Stmt. ¶ 7; Pl.'s Rule 56.1 Stmt. ¶ 7.) Officer Alexander testified that he was in the car along with Sergeant DiCecco, Officer Golat, and Officer Haggerty. (Stein Decl., Ex. B ("Alexander Dep.") (Doc. No. 65-2) at 12; see also Sepulveda Dep. at 45, 51 (testifying that there were four officers in the patrol car)).

According to Alexander, one of the officers signaled to Sepulveda's friend to pull over by turning on the lights. (Alexander Dep. at 23.) The car did not immediately pull over, but instead drove "one to two blocks" before stopping. (Id.) Alexander testified that after Sepulveda's friend pulled over, the officers stopped in front of Sepulveda's friend's car and all four officers got out. (Id. at 23.) Alexander testified that he approached the front passenger window of the car, where Sepulveda was sitting, and saw Sepulveda with a "clear plastic bag with a white substance in it." (Id. at 27, 36.) Alexander "asked [Sepulveda] to step out of the vehicle," but Sepulveda refused. (Id. at 36.) Alexander repeatedly ordered Sepulveda to step out of the car and pulled the handle of the car door, but it would not open. (Id.) Watching through the car window, Alexander "observed [Sepulveda] shove [the plastic bag] into his butt." (Id. at 37; see also Defs.' Rule 56.1 Stmt. ¶¶ 9-11.) According to Alexander, he watched through the car window as Sepulveda "leaned forward" and with his right hand reached "[i]nto his butt area down his pants" with the plastic bag in his hand. (Alexander Dep. at 38.) Alexander testified that, at the time, he "didn't know" whether Sepulveda was reaching for a weapon. (Id. at 39.) According to Alexander's testimony, the car door eventually opened and he pulled Sepulvedafrom the car. (Id. at 36-37.) Alexander testified that he did not ask the other officers if they had seen the clear plastic bag. (Id. at 62.)

Sepulveda describes a very different traffic stop. According to Sepulveda, the traffic stop was initiated when an unmarked car cut off the car he was riding in - and that no lights or siren were used. (Sepulveda Dep. at 43.) Sepulveda testified that, after being pulled over, all four "officers got out [of the car] with their guns drawn." (Id.) "[T]wo Caucasian officers approached [Sepulveda's] side of the vehicle" with guns drawn, pulled him from the car, and beat him. (Pl.'s Rule 56.1 Stmt. ¶¶ 7-10.) Sepulveda testified that his windows were rolled up and the doors were unlocked. (Sepulveda Dep. at 45.) According to Sepulveda, the officers were not in uniform. (Id.)

Sepulveda "denies that he had any drugs in his hands when the police approached his vehicle and opened his door." (Pl.'s Rule 56.1 Stmt. ¶ 10.) According to Sepulveda, "his hands were in front of him" when officers approached the car. (Id. ¶ 11; Sepulveda Dep. at 46-47.) He denies inserting a plastic bag into his rectum. (Id. ¶ 12; Sepulveda Dep. at 47.) With respect to the driver of the vehicle, Sepulveda alleges in his amended complaint that Officer Golat "forcibly pulled the driver out of the vehicle" and Officer Haggerty assisted Officer Golat in doing so. (Am. Compl. (Doc. No. 33) ¶ 17.)

Officers searched the vehicle and recovered a gravity knife. (Defs.' Rule 56.1 Stmt. ¶ 13.) Sepulveda testified that he knew a knife was found in the car and that the knife was the basis for his arrest, but that he had "never seen the knife." (Sepulveda Dep. at 47.) Sepulveda was arrested and eventually charged with illegal possession of a gravity knife. (Alexander Dep. at 105.)

Sepulveda was transported back to the NYPD's 121^st Precinct. (Defs.' Rule 56.1 Stmt. ¶ 14; Pl.'s Rule 56.1 Stmt. ¶ 14.) Sergeant DiCecco was the supervisor while Sepulveda was at the precinct. (Defs.' Rule 56.1 Stmt. ¶ 17; Pl.'s Rule 56.1 Stmt. ¶ 17.) Officer Alexander testified that, while in the "cell area" of the precinct, either he or another officer "asked [Sepulveda] if he wanted to remove" the plastic bag from his rectum "for his safety," but that Sepulveda "wouldn't do it." (Alexander Dep. at 62-63; Defs.' Rule 56.1 Stmt. ¶ 15.) Sergeant DiCecco testified, "I observed [Sepulveda] place an already existing object further up into his rectum in the Arrest Processing Room." (Stein Decl., Ex. E ("DiCecco Dep.") (Doc. No. 65-5) at 38-39.) Sepulveda denies both that he was given the opportunity to remove any drugs from his rectum and that he responded by pushing them further into his rectum. (Pl.'s Rule 56.1 Stmt. ¶ 15.)

The parties agree that Sepulveda was strip searched at the precinct. (Defs.' Rule 56.1 Stmt. ¶ 14; Pl.'s Rule 56.1 Stmt. ¶ 14.) Specifically, Sepulveda testifies that he was subjected to a visual body cavity search - he was asked to take off his clothes, squat, and bend over while police officers "look[ed] for something." (Sepulveda Dep. at 54-55.)

Defendants maintain that they decided to send Sepulveda to the hospital for his safety. (Defs.' Rule 56.1 Stmt. ¶ 16.) Officer Alexander testified that the officers were concerned the bag of drugs might rupture inside Sepulveda and kill him, but did not recall who specifically called for the ambulance. (Alexander Dep. at 76.)

Sepulveda denies that he was taken to the hospital for his safety. (Pl.'s Rule 56.1 Stmt. ¶ 16.) He emphasizes that defendants first took him to the precinct and searched him instead of immediately transporting him to the hospital. (Id.) Sepulveda maintains he had no idea why defendants were calling the ambulance while he was at the precinct. (Id. ¶ 19.)

An ambulance took Sepulveda to Richmond University Medical Center. (Defs.' Rule 56.1 Stmt. ¶ 16; Pl.'s Rule 56.1 Stmt. ¶ 16; Stein Decl., Ex. D ("Medical Records") (Doc. No. 65-4).) Defendants maintain that Sepulveda told ambulance staff "that he 'shoved a quarter sized bag of cocaine up his rectum.'" (Defs.' Rule 56.1 Stmt. ¶ 18.) The Prehospital Care Report Summary completed by the Fire Department reads, "[Sepulveda] stated to crew and officer that he shoved a quarter sized bag of cocaine up his rectum." (Prehospital Care Report Summary (Doc. No. 65-3) at 3.)¹ Sepulveda denies speaking with ambulance staff. (Pl.'s Rule 56.1 Stmt. ¶ 18.)

Sepulveda's hospital records state that Sepulveda told hospital staff that "he put 5-8 bags [of cocaine] in his rectum." (Medical Records at 2; Defs.' Rule 56.1 Stmt. ¶ 10.) Sepulveda denies making this statement and responds that "he has no idea why the records say that." (Pl.'s Rule 56.1 Stmt. ¶¶ 20-21.) The hospital records also reflect that an abdominal x-ray revealed "[f]oreign bodies in [Sepulveda's] rectum surrounded by air bubble [sic]." (Defs.' Rule 56.1 Stmt. ¶ 23; Medical Records at 7.) Sepulveda says he "can neither admit nor controvert the allegation." (Pl.'s Rule 56.1 Stmt. ¶ 23.) Dr. Gisel Cubero completed a Physician Notes document on March 26, 2014, reading, "Based upon my evaluation of the patient, I feel inpatient admission is required; as the patient is a 27 year-old-M with no past medical history. Admission is necessary for drug packet ingestion per rectum, as rupture of packets leading to life threatening condition including fatal arrhythmia, myocardial infarction, CVA, is possible without further evaluation." (Defs.' Rule 56.1 Stmt. ¶ 22; Medical Records at 4.)

According to defendants, hospital staff told Sepulveda about the dangers of keeping cocaine in his rectum, but Sepulveda refused to drink laxatives, be touched, or have hospital staffattempt to remove anything from his rectum. (Defs.' Rule 56.1 Stmt. ¶¶ 23-25.) Sepulveda confirms that he was told about the dangers of having cocaine in his rectum, but denies that he refused to drink laxative - he says he "did drink some" - and also denies that he refused to be touched or to have hospital staff remove anything from his rectum. (Pl.'s Rule 56.1 Stmt. ¶¶ 24-25; Sepulveda Dep. at 72.)

Sepulveda testifies that, while he was in an "observation room" at the hospital, one of the officers entered the hospital room and told Sepulveda that if he had "something on [him] to give it to them because if [he didn't] give it to them [he was] going to be charged with tampering which is a felony." (Sepulveda Dep. at 69.) Sepulveda told the officer he did not "have anything to give" him. (Id.) According to Sepulveda, a doctor at the hospital said h...