Spetalieri v. Kavanaugh
| Decision Date | 22 December 1998 |
| Docket Number | No. 96-CV-1650.,96-CV-1650. |
| Citation | 36 F.Supp.2d 92 |
| Parties | Stephen A. SPETALIERI, Plaintiff, v. Michael KAVANAUGH, individually, Robert Senor, individually, T.R. Gallo, individually, Kay Quick, individually, McShell Moye-Clarke, individually, Willie Hardin, individually, Paul Watzka, individually, Joan Washington, individually, the City of Kingston, New York, and the County of Ulster, Defendants. Joan Williams-Washington, Third-Party Plaintiff, v. National Association for the Advancement of Colored People, New York State Conference of NAACP Branches, Hazel N. Dukes, individually and as President of the New York State Conference of NAACP Branches, Ulster County Branch of NAACP, McShell Moye-Clarke, individually and as President of the Ulster County Branch of the NAACP, Third-Party Defendants. |
| Court | U.S. District Court — Northern District of New York |
Lovett, Gould Law Firm, White Plains, NY, Jonathan Lovett, of counsel, for plaintiff.
Maynard, O'Connor Law Firm, Albany, NY, Michael Catalinotto, of counsel, for defendants Kavanagh and Ulster County.
Cook, Tucker Law Firm, Kingston, NY, Robert D. Cook, of counsel, Office of James H. Kerr, New Paltz, NY, James H. Kerr, of counsel, for defendants Senor, T.R. Gallo, Quick, Moye-Clarke, Hardin, Watzka, and City of Kingston.
Iseman, Cunningham Law Firm, Albany, NY, Frederick C. Riester, of counsel, for defendant Washington, for Third-Party Plaintiff Washington.
Bouck, Holloway Law Firm, Albany, NY, David B. Cabaniss, of counsel, for Third-Party Defendants National, Association for the Advancement of Colored People, Hazel N. Dukes.
Plaintiff commenced an action against the defendants pursuant to 42 U.S.C. § 1983 alleging retaliation for the exercise of his First Amendment rights (First Cause of Action); unlawful search and seizure in violation of the Fourth Amendment (Second Cause of Action); deprivation of his liberty and property interests without being afforded due process of law in violation of the Fourteenth Amendment (Third and Fifth Causes of Action); violation of the Fourteenth Amendment's guarantee of the Equal Protection of the Laws (Fourth Cause of Action); and violations of his right of privacy under the Fourteenth Amendment and Article 6-A of the New York State Public Officers Law (Seventh Cause of Action). Plaintiff also asserts claims pursuant to New York State Executive Law § 296 (Sixth Cause of Action) and a common-law claim for defamation (Eighth Cause of Action). Defendant Joan Washington brings a Third-Party action against the National Association for the Advancement of Colored People, Inc. ("NAACP"), the Ulster County branch of the NAACP, Hazel N. Dukes, McShell Moye-Clarke and the New York State Conference of NAACP branches.
Presently before the Court are defendants' motions pursuant to FED.R.CIV.P. 56 seeking dismissal of the Complaint in its entirety, plaintiff's cross-motion pursuant to FED. R.CIV.P. 15 for leave to amend the Complaint to assert violations of 18 U.S.C. § 2510, et seq., and the New York State Const., Art. I, § 12, and third-party defendants' motion for summary judgment seeking dismissal of the Third-Party Complaint in its entirety.
At all times relevant hereto, Plaintiff Steven A. Spetalieri ("plaintiff") was the head of the Narcotics Bureau for the City of Kingston Police Department ("KPD"). Defendant Joan Williams Washington ("Washington") is a resident of the City of Kingston and lives in close proximity to plaintiff's friend, Rachel Bloom ("Bloom"). Washington is a member of the neighborhood watch program and has frequent contact with the KPD. Washington owns a scanner that she uses to monitor police and fire department activity, and radio communications of the City of Kingston (the "City") Department of Public Works, where her husband is employed.
In the spring or summer of 1996, Washington's scanner picked up telephone conversations between plaintiff and Bloom. Bloom was using a cordless telephone.1 Plaintiff, on the other hand, was using a traditional, hardwired telephone.2 In the telephone conversations, plaintiff frequently used profanity and spoke in a denigrating manner about African-Americans.3
Washington apparently recognized plaintiff as a party to the conversations. Because she believed that plaintiff's speech was inappropriate, especially in light of his position as head of the KPD Narcotics Bureau, Washington locked her scanner on the particular frequency that received plaintiff's telephone conversation and tape recorded three telephone conversations (two of which were between plaintiff and Bloom).4
Washington did not do anything with the tape until on or about July 12, 1996, when she gave the tape to Defendant McShell Moye-Clarke ("Clarke"), president of the Kingston Branch of the NAACP. Washington apparently urged Clarke to listen to the tape and take appropriate action. Washington, however, did not want to be identified as the source of the tape for fear of reprisal. As a condition of obtaining the tape, Clarke apparently promised Washington that the NAACP would protect her. Clarke listened to the tape and played it for other members of the NAACP.
On July 15, 1996, Clarke and other members of the NAACP delivered the tape to District Attorney Investigator Junious Harris ("Harris") of the Ulster County District Attorney's Office. Clarke did not advise Harris of the source of the tape and claimed that the recording came from conversations that had been inadvertently heard over someone's television. Clarke also apparently stated that she did not know the source of the tape, but that she found it in her mailbox.
Defendant Michael Kavanagh, the Ulster County District Attorney ("Kavanagh" or the "District Attorney"), also listened to a portion of the tape. Kavanagh directed Harris to copy the tape and have Clarke deliver the tape to Defendant Deputy Police Chief Paul Watzka ("Watzka"), which she did, again claiming that the tape had been anonymously left in her mailbox. Kavanagh also contacted Watzka and recommended that plaintiff be suspended or put on limited duty pending an internal investigation. Kavanagh immediately drafted a memorandum to all Assistant District Attorneys requesting a list of all County Court cases in which plaintiff played a key role in the investigation and prosecution. Concerned over plaintiff's credibility as a witness, Kavanagh believed that the tape and any investigation thereof would have to be disclosed pursuant to Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), in the prosecutions of African-Americans in which plaintiff was going to testify. Accordingly, Kavanagh decided not to use plaintiff as a witness in any criminal cases prosecuted by his office. As a result, the District Attorney's office reviewed those cases in which plaintiff would be an essential witness and offered plea bargains.
Watzka informed the Chief of Police for the KPD (the "Chief") that he received a tape recording from the NAACP involving a police officer making racial slurs. The Chief advised Watzka to contact Defendant City of Kingston Mayor T.R. Gallo ("Gallo"). Gallo stated that a meeting of the Board of Police Commissioners should be convened and that Watzka should review the matter and conduct an investigation.
A meeting of the Board of Police Commissioners (the "Board") was convened on July 16, 1996. Present at the meeting were, inter alios, Defendants Kay Quick ("Quick"), a member of the Board; Gallo; and Reverend Willie Hardin ("Hardin"), Director of Human Rights for the City of Kingston. The Board recommended that plaintiff be suspended for thirty days without pay and instructed Watzka to investigate the origin of the tape. Upon the expiration of the thirty-day suspension, the Board met again and continued the suspension with pay.
Beginning on July 16, 1996, articles began to appear in local newspapers regarding the taped conversations.5 Various reporters contacted Kavanagh who publicly commented that an avowed racist should not be in law enforcement and urged either that plaintiff retire from the KPD or be terminated. Gallo and Clarke also commented to the press.
After the Board meeting, plaintiff was served with Disciplinary Charges and a hearing officer was appointed to review the matter. Plaintiff ultimately negotiated a settlement with the City in satisfaction of the Disciplinary Charges whereby plaintiff agreed to retire from the KPD in exchange for certain financial compensation.
Thereafter, plaintiff commenced the instant litigation against the defendants asserting various claims pursuant to 1983, a claim pursuant to New York Executive Law § 296, and a common-law claim for defamation. In response, Washington filed a Third-Party Complaint against the NAACP, Hazel Dukes, President of the New York State Conference of NAACP Branches, and Clarke, as president of the Ulster County Branch of the NAACP (the "third-party defendants") claiming that the third-party defendants had agreed to defend and indemnify her for any damages, attorneys' fees and other expenses she might incur by reason of having given the tape to Clarke.
The defendants and third-party defendants have now moved for summary judgment dismissing the Complaint and Third-Party Complaint, respectively, in their entirety. Plaintiff has cross-moved for leave to amend the Complaint to add causes of action for violations of 18 U.S.C. § 2510, et seq. (the "Wiretap Statute") and Article I, § 12 of the New York State Constitution.
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, judgment may be entered in favor of the moving party if "there is no genuine issue as to any material fact and [] the moving party is entitled to judgment as a...
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