Washington v. County of Rockland, 00 CIV. 6966(WCC).

• Decision Date: 22 July 2002
• Docket Number: No. 00 CIV. 6966(WCC).,00 CIV. 6966(WCC).
• Citation: 211 F.Supp.2d 507
• Parties: Evan WASHINGTON, Howard Pierson IV and Secunda Crump, Plaintiffs, v. COUNTY OF ROCKLAND, James F. Kralik, in his individual capacity, Thomas Guthrie, in his individual capacity, Dennis Thornton, in his individual capacity, Kim Saucier, in his individual capacity, Nicholas Solfaro, in his individual capacity, and William J. Clark, in his individual capacity, Defendants.
• Court: U.S. District Court — Southern District of New York

211 F.Supp.2d 507

Evan WASHINGTON, Howard Pierson IV and Secunda Crump, Plaintiffs, v. COUNTY OF ROCKLAND, James F. Kralik, in his individual capacity, Thomas Guthrie, in his individual capacity, Dennis Thornton, in his individual capacity, Kim Saucier, in his individual capacity, Nicholas Solfaro, in his individual capacity, and William J. Clark, in his individual capacity, Defendants.

No. 00 CIV. 6966(WCC).

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

July 22, 2002.

Law Offices of Ambrose W. Wotorson, P.C., Brooklyn, NY (Ambrose W. Wotorson, of counsel), for plaintiffs.

Law Offices of Jeffrey S. Rovins, New York City (Jeffrey S. Rovins, of counsel), for defendants.

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs Evan Washington, Howard Pierson IV and Secunda Crump, black Correction Officers ("C.O."s) at the Rockland County jail (the "RCJ"), bring the instant action pursuant to 42 U.S.C. §§ 1981 and 1983 against the County of Rockland and Rockland County Sheriff James F. Kralik, Undersheriff Thomas Guthrie, Detective Dennis Thornton, Detective Kim Saucier, Chief Nicholas Solfaro and Captain William J. Clark, each in his individual capacity. Plaintiffs claim, inter alia, that defendants violated their rights under the First and Fourteenth Amendments of the United States Constitution by maliciously prosecuting them on account of race and in retaliation for their opposition to defendants' discriminatory practices. Defendants now move to dismiss the complaint pursuant to FED. R.CIV.P. 12(b)(6), or, in the alternative, for summary judgment pursuant to FED. R.CIV.P. 56. For the reasons that follow, defendants' motion is granted as one for summary judgment.

BACKGROUND

The following facts are undisputed unless otherwise noted. In August 1996 the Rockland County Sheriff's Department (the "RCSD") conducted an investigation to determine whether contraband was being distributed to inmates at the RCJ. (Defs.Rule 56.1 Stmt. ¶ 1.) When allegations of cigarette smuggling surfaced, Clark, then a lieutenant, conducted preliminary interviews with inmates and forwarded a written report to Detective Tortorello, who was responsible for determining whether criminal charges should be brought. (Pls.Mem.Opp.Summ.J. at 4.) Tortorello assumed control of the investigation and, along with other officials, interviewed inmates who confirmed that cigarette contraband was being sold in the jail. (Id.) Tortorello then initiated an investigation, naming Detective Saucier as the lead investigator. (Id.; Defs.Rule 56.1 Stmt. ¶ 10.) As the lead investigator, Saucier, assisted by Thornton and other detectives, conducted interviews of inmates brought from the RCJ to the RCSD.¹ (Defs.Rule 56.1 Stmt. ¶¶ 11, 13.) According to defendants, inmate interviews revealed that Washington gave a cigarette to an inmate, that Crump knew that cigarettes were stored at the RCJ and gave a birthday card to an inmate, and that Pierson gave food and beer to an inmate.² (Id. ¶¶ 17-20.) At the close of the investigation, Saucier gave Tortorello a report naming the C.O.s accused of distributing contraband as well as recommendations as to whom to charge criminally. (Pls.Mem.Opp.Summ.J. at 5.)

The criminal investigation led to the arrest of several C.O.s. (Id.) However, criminal charges were not brought against plaintiffs because Saucier and Thornton concluded that there was no evidence corroborating the inmates' testimony. (Id. Defs.Rule 56.1 Stmt. ¶¶ 21-23.) After determining that criminal charges would not be prosecuted against plaintiffs, Tortorello turned the case over to the RCSD to determine whether disciplinary charges were appropriate. (Pls.Mem.Opp.Summ.J. at 5.)

Joseph Suarez is counsel to the Sheriff of Rockland County whose duties include advising the Sheriff on disciplinary charges against employees and conducting disciplinary hearings. (Defs.Rule 56.1 Stmt. ¶¶ 40, 41.) After reviewing Saucier and Thornton's reports on contraband distribution and discussing the matter with them, Suarez recommended that Kralik proceed with disciplinary charges against plaintiffs. (Id. ¶¶ 43, 44.) Kralik subsequently approved the charges. (Id. ¶¶ 48-50.) Before the disciplinary hearings were held, Solfaro spoke to Suarez and Guthrie and expressed his concerns about proceeding with disciplinary action solely on the word of inmates. (Solfaro Dep. at 65.) This concern was echoed by other officers, including Clark and Farina. (Id. at 65-66.) Nevertheless, plaintiffs were each charged with Promoting Prison Contraband —Washington on October 28, 1996, Pierson on July 7, 1997 and Crump on August 26, 1997. (Defs.Rule 56.1 Stmt. ¶¶ 51-53.)

According to plaintiffs, the only individuals that faced non-criminal disciplinary charges were the three black plaintiffs and two non-black officers, Hector Torres and Eric Serrano. (Pls.Mem.Opp.Summ.J. at 9.) Plaintiffs maintain that the charges against Torres and Serrano were dropped while plaintiffs were brought to hearings on the charges.³ (Id. Plaintiffs allege that, during the pendency of the disciplinary charges against them, they complained to their supervisors that they were being disciplined more severely than whites. (Id.) On March 12 and March 26, 1997, plaintiffs Crump and Washington, respectively, filed formal complaints of discrimination claiming that white officers who were observed carrying contraband were not being disciplined.⁴ (Wotorson Aff., Exs. 4, 13.)

In the case of Crump and Pierson, disciplinary proceedings were conducted pursuant to Section 75 of the Civil Service Law.⁵ (Wotorson Aff., Exs. 7, 8.) The hearing officer found plaintiffs not guilty for lack of sufficient evidence—Pierson on February 8, 1998 and Crump on February 9, 1998. (Id.) At the termination of these proceedings, Kralik informed Crump and Pierson that all charges were withdrawn and that any loss of pay would be restored. (Wotorson Aff., Exs. 9, 10.) Washington submitted to binding arbitration, and was found not guilty on July 21, 1998. (Id., Ex. 12.) The arbitrator stated that Washington was to be "made whole" for any period of suspension without pay related to the charges. (Id.) This action followed.

DISCUSSION

I. Statute of Limitations

Defendants argue that all of plaintiffs' claims are time-barred. According to defendants, the applicable statute of limitations for malicious prosecution under New York law is provided by GEN.MUN.L. § 50-i, which states that actions against a municipality for personal injury must be commenced within one year and ninety days of the event complained of. The Second Circuit, however, has held that § 50-i will not bar a federal civil rights action, such as the instant one brought pursuant to §§ 1981 and 1983.⁶ Taylor v. Mayone, 626 F.2d 247, 253 (2d Cir.1980). Instead, the appropriate statute of limitations for federal civil rights actions brought in New York federal courts is the three-year general personal injury provision of N.Y.C.P.L.R. § 214. Id.; see also Eagleston v. Guido, 41 F.3d 865, 871 (2d Cir.1994) (§ 1983 actions subject to a three-year statute of limitations); Tadros v. Coleman, 898 F.2d 10, 12 (2d Cir.1990) (§ 1981 actions subject to three-year statute of limitations).

Even when a three-year statute of limitations is applied to the instant action, defendants argue that the malicious prosecution claims arose when the disciplinary charges were brought against plaintiffs, which was more than three years before this action was commenced.⁷ However, as the Second Circuit has explained, the requirement in a malicious prosecution action that the prior proceeding conclude in favor of the plaintiff means that the statute of limitations does not start to run until the proceeding is terminated. See Singleton v. City of New York, 632 F.2d 185, 193 (2d Cir.1980); see also Janetka v. Dabe, 892 F.2d 187, 189 (2d Cir.1989); Beberaggi v. New York City Transit Auth., No. 93 Civ. 1737, 1994 WL 75144, at *3 (S.D.N.Y. March 9, 1994). Therefore, because it is undisputed that the earliest disciplinary proceeding against a plaintiff was terminated on February 8, 1998, plaintiffs' § 1983 malicious prosecution claims are timely.

Plaintiffs' § 1983 and § 1981 discrimination claims, however, are time-barred. "While state law supplies the statute of limitations for claims under § 1983, federal law determines when a federal claim accrues." Eagleston, 41 F.3d at 871. Under federal law, a § 1983 claim accrues, "when the plaintiff knows or has reason to know of the harm." Id. The crux of plaintiffs' discrimination claims is that defendants selectively maintained disciplinary actions against them on account of race. (See Complt. ¶¶ 19, 21.) For purposes of tolling the statute of limitations, plaintiffs knew of this alleged harm when they were charged with disciplinary violations. All plaintiffs were charged with these violations more than three years before this action was brought. See infra note 6. Indeed, Crump and Washington formally complained of this alleged discriminatory treatment in March of 1997. (See Wotorson Aff., Exs. 4, 13.) It is thus indisputable that plaintiffs knew of the actions giving rise to their § 1983 and § 1981 claims more than three years before filing the instant action. These claims are therefore untimely.

Plaintiffs also bring § 1983 claims for retaliation in violation of their First Amendment rights. Plaintiffs argue that defendants proceeded with full disciplinary hearings against them in part because they had complained about discriminatory treatment at the RCSD. (Pls.Mem.Opp.Summ.J. at 17.) According to plaintiffs, the C.O.s who did not file grievances had their cases dismissed before a formal hearing took place. (Id.) Because plaintiffs' First Amendment retaliation claims focus on the commencement of full disciplinary hearings, the date of the respective hearings is the date that a cause of action would accrue. The earliest hearing against any of the plaintiffs was held on February 8, 1998,...