136 F. Supp. 3d 270
E.D.N.Y.2015Background
- Ali was involved in a July 17, 2009 car accident; Connick arrested him for driving while intoxicated and two other officers transported him to the precinct.
- At the precinct, Kipp allegedly became belligerent, dragged/dragged and assaulted Ali, and directed racial slurs during the incident.
- Ali contends Kipp slammed his head into a cell wall and gate; he alleges racial/ethnic slurs and injuries requiring medical treatment.
- Emergency medical care was provided; Connick and Kipp signed a form describing the head injury.
- Ali amended his complaint asserting §1983, §1985, and §1988 claims for excessive force, equal protection, and conspiracy against Connick and Kipp (and originally City NYPD defendants, later voluntarily dismissed).
- Defendants moved for partial summary judgment on equal protection and conspiracy; the court granted in part and denied in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal protection claim against Connick | Ali alleges Connick’s conduct and investigation ongoing at arrest violated equal protection. | Connick was not present during alleged excessive force at the precinct; claim should fail. | Granted summary judgment for Connick on equal protection. |
| Equal protection claim against Kipp | Ali alleges race/ethnicity-based discriminatory conduct by Kipp with physical abuse. | Plaintiff failed to show differential treatment; no discriminatory intent proven. | Denied summary judgment; issues of fact remain. |
| Conspiracy claims under §1983 and §1985 | Ali alleges a conspiracy to cover up the excessive force, evidenced by the Medical Treatment of Prisoner form. | Arguments to dismiss conspiracy claims; intracorporate doctrine may bar §1985 but not §1983; need more proof. | Denial of summary judgment; conspiracy claims survive based on personal stake and evidentiary facts. |
| Intracorporate conspiracy doctrine applicability | Personal stake exception negates intracorporate doctrine application. | Doctrine may bar conspiracy claims within single corporate entity. | Doctrine not applied to bar; personal stake exception allows conspiracy claims to proceed. |
Key Cases Cited
- Pangburn v. Culbertson, 200 F.3d 65 (2d Cir.1999) (elements of §1983 conspiracy claim)
- Ciambriello v. County of Nassau, 292 F.3d 307 (2d Cir.2002) (§1983 conspiracy standard and evidence standards)
- Jeffreys v. City of New York, 426 F.3d 549 (2d Cir.2005) (credibility and summary judgment limitations; witness testimony)
- Williams v. Kaufman County, 352 F.3d 994 (5th Cir.2003) (racial epithets combined with harassment may support equal protection claim)
- United States v. City of Yonkers, 96 F.3d 600 (2d Cir.1996) (discriminatory intent and application of neutral policy)
- Baskerville v. Goord, 411 F.3d 45 (2d Cir.2005) (epithets plus physical abuse can give rise to equal protection claim)