Askins v. City of New York
2013 U.S. App. LEXIS 17644
| 2d Cir. | 2013Background
- Askins, a paraplegic, entered a Manhattan apartment building on Feb 13, 2007 and was searched by two unidentified officers and arrested by Officer Symon.
- A blue cap on Askins’s catheter waste bags was misidentified as a crack pipe, and a kitchen knife was found during search.
- Askins was charged with criminal possession of a controlled substance in the seventh degree and criminal trespass in the third degree; all charges were dismissed May 25, 2007.
- The district court dismissed the John Doe claims as time-barred and held amendment to name them would not relate back under Rule 15(c).
- The district court dismissed the City Monell claim, ruling no municipal liability where no individual violation could be proved or time-barred.
- On appeal, the Second Circuit held that Askins waived the Doe-name relation-back argument but vacated the dismissal of the City claims and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Askins waived relation-back argument | Askins | City/Officers | Waived; not raised below |
| Municipal liability viability under Monell | Askins asserts City policy/custom caused torts | Monell requires no defective individual conduct ruling for City liability | Remand; City claims should be reconsidered |
| Relation between individual immunity and municipal liability | Policy harmed by municipal custom caused rights violation | Qualified immunity bars individual liability, not municipal liability | Municipality liable despite individual immunity outcomes |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (establishes Monell liability for municipal policies or customs)
- Segal v. City of New York, 459 F.3d 207 (2d Cir. 2006) (Monell liability requires a policy or custom causing a federal tort)
- Owen v. City of Independence, 445 U.S. 622 (1980) (municipalities have no immunity from damages for constitutional violations)
- Lore v. City of Syracuse, 670 F.3d 127 (2d Cir. 2012) (qualified immunity defense applies to individuals, not municipalities)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (purpose of qualified immunity for officials to perform duties boldly)
- Jones v. Town of East Haven, 691 F.3d 72 (2d Cir. 2012) (Monell and policy-based liability considerations in circuit decisions)
- Vives v. City of New York, 524 F.3d 346 (2d Cir. 2008) (discusses municipal liability principles in Second Circuit)
- Wilson v. Town of Mendon, 294 F.3d 1 (1st Cir. 2002) (may sue municipality directly under Monell without naming individuals)