404 F.Supp.3d 799
S.D.N.Y.2019Background
- Frankie Breton was arrested on Oct 21–22, 2016 after an altercation with Manuel Matias outside the home of Breton’s girlfriend, Katherine Tejada; Breton alleges he was the victim and disarmed Matias, then had Matias’s knife in his pocket when arrested.
- Tejada and an eyewitness told officers that Matias (wanted by the 33rd Precinct and Tejada’s ex) was the aggressor; Breton had visible injuries consistent with being stabbed; Matias had no corroborating injuries.
- Officers Clarke and Cruz arrested Breton and Clarke prepared felony complaint reports that allegedly misstated facts and omitted exculpatory evidence; Sergeant Cheek approved the reports.
- The District Attorney later moved to dismiss the charges as self-defense on Jan 27, 2017; Breton then sued under § 1983 and New York law for false arrest, malicious prosecution, IIED, fabrication/denial of fair trial, failure to intervene, negligent supervision, and Monell liability.
- Defendants moved for judgment on the pleadings under Rule 12(c); the Court accepted factual allegations as true for the motion and ruled in part for defendants and in part for plaintiff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest / probable cause | Breton alleges officers arrested him despite eyewitness ID of Matias, Tejada’s report that Matias was wanted, and Breton’s wounds—so no probable cause | Probable cause existed because Matias identified Breton and a knife was found in Breton’s pocket | Denied for most defendants: pleaded exculpatory facts could vitiate probable cause; false arrest claim survives against Clarke and Cruz but fails as to Sergeant Cheek (no pleaded personal involvement) |
| Malicious prosecution | Breton: prosecutors relied on police reports that fabricated/omitted exculpatory evidence; prosecution terminated in his favor (dismissed as self-defense) | Defendants: they did not "initiate" prosecution; there was probable cause; qualified immunity | Survives against Clarke and Cruz (pleaded forwarding of misleading reports and favorable termination); dismissed as to Sergeant Cheek (no factual showing he initiated/proximately caused prosecution) |
| Fabrication / denial of fair trial | Breton: officers fabricated/omitted material evidence likely to influence prosecutors and jurors, forwarded reports, causing deprivation of liberty | Defendants: group pleading, lack of individualized allegations, and omissions not material | Denied: omissions can render statements false; material omissions (e.g., Breton’s injuries, Matias’s wanted status) plausibly alleged and claim survives against named officers as pleaded (not Cheek for some claims) |
| Monell / failure to train or policy | Breton: NYPD policies/training re: probable cause, withholding Brady material, and use of evidence are deficient; attached prior suits/reports to show pattern | Defendants: plaintiff fails to identify an official policy, custom, or sufficiently similar prior incidents; cited reports/cases are stale or too few to show widespread practice or deliberate indifference | Dismissed: Monell inadequately pleaded—no municipal policy identified and prior incidents are too sparse/remote to show a persistent, widespread custom or deliberate indifference |
Key Cases Cited
- Cleveland v. Caplaw Enters., 448 F.3d 518 (2d Cir.) (Rule 12(c) standard same as Rule 12(b)(6))
- Hayden v. Peterson, 594 F.3d 150 (2d Cir.) (plausibility standard on pleadings)
- Singer v. Fulton Cty. Sheriff, 63 F.3d 110 (2d Cir.) (probable cause from victim’s signed complaint absent doubts about veracity)
- Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123 (2d Cir.) (officer liability where fabrication forwarded to prosecutors corrupts truth-seeking)
- Kerman v. City of New York, 261 F.3d 229 (2d Cir.) (officers may not disregard plainly exculpatory evidence)
- Weyant v. Okst, 101 F.3d 845 (2d Cir.) (§ 1983 false arrest parallels state false arrest claim)
- Monell v. Dept. of Social Servs., 436 U.S. 658 (U.S.) (municipal liability requires policy or custom)
- McDonough v. Smith, 139 S. Ct. 2149 (U.S.) (fair-trial/fabrication claims accrue at favorable termination of criminal proceedings)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S.) (court need not accept legal conclusions as true)
- Connick v. Thompson, 563 U.S. 51 (U.S.) (municipal liability for failure to train requires deliberate indifference)