419 F.Supp.3d 586
W.D.N.Y.2019Background:
- On December 16, 2015, Shelise Colon and Lawrence Barrett were stopped by Rochester police near 36 St. Paul Street after being told to “move along.”
- Officers Baker and Kelly allegedly seized Barrett, slammed him against a wall, threatened to tase him when he reached for ID, and then arrested both plaintiffs; Colon recorded the encounter on her phone and officers seized the phone and handcuffed her.
- A supporting deposition/complaint by building owner Taib El Kettani was executed after the arrests; plaintiffs allege officers prepared such paperwork post hoc as “cover” for unlawful arrests.
- Barrett was charged with trespass; plaintiffs allege those charges were later dismissed/sealed (disposition unclear in the record). Colon’s post-arrest criminal disposition is not pleaded.
- Plaintiffs sued the City of Rochester and RPD officers (Baker, Kelly, Hernandez, Elliott, Sgt. Wheeler) asserting federal and state claims (false arrest, excessive force, First Amendment retaliation for recording, failure to intervene, Monell claims, denial of fair trial, conspiracy, supervisory liability, etc.). Defendants moved to dismiss under Rule 12(b)(6).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Intracorporate conspiracy (§1983/§1985(3)) | Officers conspired to deprive rights by coordinating fabricated paperwork and arrests | Intracorporate-conspiracy doctrine bars conspiracy claims among same-entity employees | Dismissed under intracorporate doctrine; no plausible allegation of personal, non-employer motives |
| False arrest (federal & state) | Barrett was unlawfully arrested while merely standing/walking away; claims pleaded | Dismissal urged because plaintiffs did not plead a favorable termination (or assertion of conviction/ACD) | Claim survives; court cannot resolve probable cause or disposition at 12(b)(6) stage given complaint allegations |
| Excessive force; assault & battery | Physical grabs, twisting Colon’s arm, threats to tase, phone seizure, handcuffing — unreasonable force | Force was minimal / justified by arrest | Claims survive; factual inquiry required to assess objective reasonableness and qualified immunity |
| Qualified immunity (individual officers) | Officers are not entitled to immunity given alleged clearly established rights violated | Officers seek dismissal on qualified immunity grounds | Denied at motion to dismiss — fact-specific reasonableness cannot be resolved now |
| Failure to intervene (against Kelly) | Kelly observed or participated and failed to stop Baker | Kelly argues brief incident and no clear opportunity to intervene; seeks immunity | Survives pleading stage; qualified immunity denied pending factual development |
| First Amendment (Colon — recording) | Colon’s recording of police in public is protected; arrest/seizure/retaliation aimed to chill recording | Defendants argue no protected conduct defense to resisting arrest or justification for seizure | Survives pleading stage; court recognizes right to record police and factual issues preclude dismissal |
| Municipal liability (Monell: excessive force & use of “cover” charges) | City maintained customs/policies of tolerating excessive force and using false cover charges; prior incidents alleged | City argues prior incidents are dissimilar/insufficient; challenges deliberate indifference pleading | Monell claims allowed to proceed; prior incidents and pattern allegations plausibly state municipal deliberate indifference at pleading stage |
| Negligent hiring/training/retention (state) | City failed to hire, train, discipline officers, causing injuries | City cites respondeat superior and contends allegations conclusory | Dismissed: plaintiffs pleaded only boilerplate negligence; where officers acted within scope, negligent-hiring claim requires more than conclusory allegations |
| Supervisory liability (Sgt. Wheeler and City) | Wheeler approved/ratified arrests after arriving and speaking with officers; City failed to supervise/train | City seeks dismissal; argues duplicative of Monell | Claim against Wheeler survives (personal involvement/ratification alleged); supervisory claim against City dismissed as duplicative of Monell |
| Denial of fair trial / fabrication of evidence | Officers fabricated and forwarded false reports/charging papers that deprived plaintiffs of liberty | Defendants argue pleadings lack necessary details or favorable termination | Claim survives at pleading stage; no trial required and alleged fabrications plausibly affected prosecutors/court processes |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires a policy, custom, or deliberate indifference)
- Weyant v. Okst, 101 F.3d 845 (2d Cir. 1996) (false arrest elements and discussion of favorable termination/malice distinctions)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity standard)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment reasonableness test for use of force)
- Heck v. Humphrey, 512 U.S. 477 (1994) (limitations when success on civil claim would imply invalidity of conviction)
- Pangburn v. Culbertson, 200 F.3d 65 (2d Cir. 1999) (elements of civil conspiracy under §1983/§1985)
- Terebesi v. Torreso, 764 F.3d 217 (2d Cir. 2014) (duty of officers to intervene to protect constitutional rights)
- County of Los Angeles v. Mendez, 137 S. Ct. 1539 (2017) (false arrest and excessive force inquiries are distinct)