104 A.D.3d 889
N.Y. App. Div.2013Background
- Bassett and his spouse sued City of Rye under 42 USC § 1983 for false arrest arising from Bassett’s 2004 arrest.
- The prior appeal affirmed the trial court’s denial of summary judgment dismissing the complaint.
- A jury trial afterward yielded a verdict in favor of the plaintiffs on the false arrest claims.
- The defendant moved under CPLR 4404(a) to set aside the verdict and for judgment as a matter of law, or in the alternative for a new trial.
- The Supreme Court granted the JMOL/4404(a) relief, concluding no evidence showed an official policy/custom caused the arrest.
- The appellate court held the JMOL was improper, reinstating the verdict and remanding for disposition of remaining motion branches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether plaintiffs proved an official policy or custom | Bassett theory requires policy or custom caused the deprivation | No evidence of policy or custom; arrest not caused by municipal practice | There was a valid basis for a policy/custom finding; remanded |
| whether the trial court violated law of the case | Law of the case standards were not violated by reinstating issues | Order violated law of the case by granting JMOL | Court did not violate law of the case |
| whether JMOL was proper against the verdict | Jury could rationally infer policy/custom; evidence supports verdict | No legal insufficiency; evidence insufficient for policy basis | JMOL was improper; verdict should stand |
Key Cases Cited
- Monell v. New York City Dept. of Social Servs., 436 US 658 (1978) (municipal liability under §1983 requires policy or custom)
- Pendleton v City of New York, 44 AD3d 733 (2007) (policy or custom can be shown by official action or persistent practice)
- Adickes v S. H. Kress & Co., 398 US 144 (1970) (custom or usage can have the force of law)
- Town of Orangetown v Magee, 88 NY2d 41 (1996) (liability may arise from official decision maker)
- Jackson v Police Dept. of City of N.Y., 192 AD2d 641 (1993) (municipal liability for §1983 can rest on policy or custom)
- Cohen v Hallmark Cards, 45 NY2d 493 (1978) (standard for granting JMOL)
- Derrick B. (Matter of State of New York v Derrick B.), 68 AD3d 1124 (2009) (JMOL standard: no valid line of reasoning could support verdict)