Vasquez v. Maloney, 15-cv-8848 (NSR)
| Decision Date | 19 March 2020 |
| Docket Number | 15-cv-8848 (NSR) |
| Parties | KIM VASQUEZ, Plaintiff, v. DETECTIVE CHRIS G. MALONEY, OFFICER VICTOR CARABELLO, OFFICER BRIAN DUNNE, OFFICER THOMAS LATORRE, ORLANDO CRUZ, and BRIAN CALLAHAN, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Kim Vasquez ("Plaintiff") brings this action pro se against Detective Chris G. Maloney, Officer Victor Carabello, Detective Orlando Cruz, Officer Brian Dunne, Detective Brian Callahan, and Officer Thomas LaTorre (together, "Defendants") pursuant to 42 U.S.C. § 1983, alleging illegal search and detainer. (See Second Amended Complaint ("SAC"), ECF No. 84.) Specifically, Plaintiff alleges that Defendants engaged in a warrantless search and seizure in violation of the First and Fourth Amendments to the United States Constitution as well as state law.
Presently before the Court are (1) Plaintiff's motion to suppress deposition transcripts, (ECF Nos. 103 and 104), and (2) Defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 dismissing Plaintiff's Section 1983 claims (ECF No. 113). For the reasons that follow, Plaintiff's motion to suppress is DENIED and Defendants' motion for summary judgment is GRANTED in part and DENIED in part.
The following facts are taken from the Defendants' Local Civil Rule 56.1 Statement ("Defs. 56.1," ECF No. 116), the parties' affidavits, declarations, and exhibits, and are not in dispute except where so noted. All rational inferences are drawn in Plaintiff's favor. See Kirkland v. Cablevision Sys., 760 F.3d 223, 224 (2d Cir. 2014) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).
Plaintiff has been arrested multiple times by the Clarkstown Police Department over the past ten years, and found guilty of misdemeanors and felonies, including petty larceny, DWI and criminal possession of a controlled substance. .
A warrant for the arrest of Plaintiff, dated June 13, 2014, was issued by the Hon. Rolf Thorsen. (Defs. 56.1 ¶ 9; Svensson Decl., Ex. L.)1 Pursuant to the usual and customary practice, notice and a copy of this judicially issued warrant for the arrest of Plaintiff had been published to the Clarkstown Police.2 (Defs. 56.1 ¶¶ 8, 10; Svensson Decl., Ex. K, Affidavit of Chris G. Maloney ("Maloney Aff."), at ¶¶ 9-10.)
Plaintiff appeared at the Spring Valley Justice Court on September 23, 2014 to respond to multiple outstanding traffic citations. At that time the Spring Valley Court, in response to two outstanding warrants for Plaintiff's arrest for criminal sale of a controlled substance and criminal possession of a controlled substance, directed Plaintiff to be taken into custody. (Defs. 56.1 ¶ 12; Pl. 2017 Dep. Tr. at 42:21-45:20, 48:15-49:19; Pl. Opp. ¶ 14.) The next day, September 24, 2014, Plaintiff appeared in the Clarkstown Town Court and subsequently appeared before Judge Nelson at the Rockland County Supreme Court for arraignment. (Defs. 56.1 ¶ 13; Pl. 2017 Dep. Tr. at 42:21-45:20, 48:15-49:19; Pl. Opp. ¶ 15.) Plaintiff pleaded guilty to the charge of criminal sale of a controlled substance in March 2015. (Defs. 56.1 ¶ 14; Pl. 2019 Dep. Tr. at 37:14-38:17; Pl. Opp. ¶ 16.)
This case pertains to an incident that occurred on January 5, 2015. (Defs. 56.1 ¶ 1; Maloney Aff. at ¶ 3; SAC ¶ 3; Pl. Opp. ¶ 3.) On this date, the Clarkstown Police Department was conducting an investigation involving the passing of counterfeit money at the Target store located at the Palisades Center Mall in Rockland County, New York. (Defs. 56.1 ¶ 2; Maloney Aff. at ¶ 4; SAC ¶ 3.) Officer Victor Caraballo ("Caraballo"), Officer Thomas La Torre ("LaTorre") and Detective Chris G. Maloney ("Maloney") were located outside the entrance of the Target store in a parking area at the Palisades Center Mall. (Defs. 56.1 ¶ 3; Maloney Aff. at ¶¶ 5-6.) Detectives Orlando Cruz ("Cruz") and Brian Callahan ("Callahan") were inside the security office of the Target store, with store security, monitoring store security cameras. (Defs. 56.1 ¶ 3; Maloney Aff. at ¶ 7.)
While monitoring the security camera as part of the investigation, Detective Cruz saw Plaintiff—who was known to Cruz from his prior work with the Rockland County Drug TaskForce and prior arrests within the Town of Clarkstown—on the store's security camera. (Defs. 56.1 ¶ 5; Maloney Aff. at ¶ 8.) Detective Cruz advised Detective Maloney that Plaintiff was leaving the store and that he believed that there may be a judicially issued warrant for his arrest. (Defs. 56.1 ¶ 7; Maloney Aff. at ¶ 9; Pl. Opp. ¶ 9.) Officer LaTorre approached and spoke with Plaintiff upon Plaintiff's exit from the Target store. (Defs. 56.1 ¶ 15; Maloney Aff. at ¶ 11; Pl. Opp. ¶ 17.)3
Plaintiff alleged that "a bunch," or around three, police officers (the "Officers") surrounded him. (Defs. 56.1 ¶ 17; Pl. 2019 Dep. Tr. at 60:2-7; Pl. Opp. ¶ 19.) Plaintiff could not identify any of the Officers, which he explains was because he was not allowed to turn around and look at them. (Defs. 56.1 ¶ 17; Pl. 2019 Dep. Tr. at 60:8-17, 67:25-68:18, 78:7-16; Pl. Opp. ¶ 19.) Plaintiff recalled that they instructed him to "freeze" or "stay still." (Defs. 56.1 ¶ 18; Pl. 2019 Dep. Tr. at 57:25-59:5, 60:18-62:9; Pl. Opp. ¶ 20.)
Plaintiff was placed against a wall, turned around and required to put his hands up. (Defs. 56.1 ¶ 19; Pl. 2019 Dep. Tr. at 61:7-62:17; Pl. Opp. ¶ 21.) Plaintiff was then subjected to a pat down/frisk. (Pl. 2019 Dep. Tr. at 68:24-69:5 ;4 Pl. Opp. ¶ 24.) Plaintiff testified that he did not know how long the frisk lasted, but the duration was a matter of seconds rather than minutes. (Defs. 56.1 ¶ 22; Pl. 2019 Dep. Tr. at 65:6-13; Pl. Opp. ¶ 24.) One of the Officers took his wallet out of his pocket. (Defs. 56.1 ¶ 23; Pl. 2019 Dep. Tr. at 67:6-15; Pl. Opp. ¶ 25).
Defendants argue that Plaintiff was not mistreated in any manner prior to, during the course of the pat down, or thereafter. (Defs. 56.1 ¶ 21; Maloney Aff. at ¶ 14.) Plaintiff strongly disputes this characterization of the encounter, and describes his treatment as "inhumane." (Pl. Opp. ¶ 23.) Plaintiff admitted that he did not explicitly raise the claim that he was groped or sexually assaulted in either his Complaint or First Amended Complaint, but maintains that such allegations were part and parcel of his descriptions of the unlawful frisk. (Defs. 56.1 ¶ 29; see Pl. 2019 Dep. Tr. at 69:16-73:23; Pl. Opp. ¶ 31.)
Plaintiff was detained until it could be verified whether or not the warrant remained open.5 (Defs. 56.1 ¶ 24; Svensson Decl., Ex. J (audio recordings in which an officer tells Clarkstown Police Dispatcher "I just saw a party who's possibly wanted on some felonies out in front of Target . . . You'll have to check for the warrant."); Maloney Aff. at ¶ 12; Pl. 2019 Dep. Tr. at 76:24-77:3 ) Plaintiff estimated that he was released from detention after about two (2) minutes, but he was not certain about this estimate. (Defs. 56.1 ¶ 25; Pl. 2019 Dep. Tr. at 67:20-24; Pl. Opp. ¶ 27).
Plaintiff acknowledged that he had been "pat down" at the time of prior arrests by the Clarkstown Police. (Defs. 56.1 ¶ 26; Pl. 2019 Dep. Tr. at 65:14-67:5; Pl. Opp. ¶ 28.) The contact with Plaintiff is documented on the Detail Call for Service Reports, (Defs. 56.1 ¶ 27; Svensson Decl., Ex. H; Pl. Opp. ¶ 29), and on the CAD Narrative. (Defs. 56.1 ¶ 28; Exhibit G; Pl. Opp. ¶ 30.)
Plaintiff testified during his 2019 deposition that he experiences frequent headaches as a result of the January 5, 2015 incident.6 (Pl. 2019 Dep. Tr. at 73:25-75:25.) However, Plaintiffalso testified that he did not seek any medical or psychological treatment specifically relating to the January 5, 2015 encounter with the Clarkstown Police Officers. (Defs. 56.1 ¶ 30; Pl. 2019 Dep. Tr. at 83:15-84:13). Instead, he self-medicated by smoking marijuana. (Pl. 2019 Dep. Tr. at 83:15-22; Pl. Opp. ¶ 32.) Also, Plaintiff testified that he had sought psychological treatment for an incident that occurred before the January 5, 2015 detention. (Defs. 56.1 ¶ 31; Pl. 2019 Dep. Tr. at 88:13-90:7; Pl. Opp. at ¶ 33.)
Plaintiff commenced this lawsuit pro se on November 10, 2015. (See Complaint, ECF No. 2.) On January 8, 2016, the U.S. District Judge Loretta A. Preska granted Plaintiff leave to file an amended complaint in order to remedy certain pleading deficiencies. (See Order to Amend, ECF No. 6.) Plaintiff filed an Amended Complaint on February 2, 2016. (Amended Complaint, ECF No. 7.) On March 15, 2016, the Court issued a Valentin order to assist Plaintiff in identifying the proper John Doe defendants in this action. On September 26, 2016, the Court issued an order further directing counsel for Defendants to engage in more diligent efforts to ascertain the identities of the John Doe defendants. (See Order, ECF No. 23.) The Court issued a third order in a similar vein on December 6, 2016. (See Order, ECF No. 27.) Counsel for Defendants provided a response on January 30, 2017. (See Letter, ECF Nos. 41, Ex. 1.) On April 20, 2018, the Court denied Plaintiff's application to consolidate all of his matters which are currently pending in the Southern District of New York. (See Memorandum Endorsement, ECF No. 38.)
On May 15, 2018, the Court instructed Plaintiff to provide additional...
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