Combs v. City of New York
130 A.D.3d 862
| N.Y. App. Div. | 2015Background
- Plaintiff arrested by Detective Robert Johnson following an undercover "buy-and-bust" narcotics operation; charged with sale and possession, charges dismissed and sealed ~1 month later.
- Plaintiff sued City, NYPD, and Detective Johnson under state common-law claims (false arrest, excessive force) and federal civil-rights statute (42 U.S.C. § 1983).
- At summary judgment, plaintiff moved for liability on false arrest; defendants cross-moved to dismiss false arrest, excessive force, and § 1983 claims.
- Supreme Court denied plaintiff’s false-arrest liability motion, granted defendants’ cross-motion dismissing § 1983 claims against City and NYPD, and denied other defendants’ cross-motion branches.
- Appellate court affirmed in part, reversed as to dismissal of § 1983 claim against Detective Johnson, and otherwise left denials intact, finding triable issues on probable cause and excessive force but no municipal policy/custom evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest — probable cause | Plaintiff contends no probable cause; undercover participation and reliability are disputed | Defendants rely on Detective Johnson’s testimony that undercover officer reported a purchase from a described individual near the location | Denied summary judgment to both sides; triable issues exist about the undercover officer’s participation and reliability, so probable cause is not resolved as a matter of law |
| Excessive force | Plaintiff alleges Detective Johnson used excessive force during arrest | Defendants argue force (if any) was reasonable as a matter of law | Denied defendants’ summary judgment on excessive force — factual issues make reasonableness for jury determination |
| § 1983 municipal liability (City/NYPD) | Plaintiff asserts constitutional violations traceable to municipal policy/custom | Defendants argue no policy/custom caused the alleged violations; no respondeat superior liability | Granted for City/NYPD — plaintiff failed to raise triable issue of policy, custom, or practice |
| § 1983 individual liability (Detective Johnson) | Plaintiff seeks to hold Detective Johnson liable under § 1983 for excessive force | Defendants urged dismissal of § 1983 claim against Johnson | Court reversed grant dismissing Johnson on § 1983 claim; triable issues on excessive force preclude dismissal |
Key Cases Cited
- Spinelli v. United States, 393 U.S. 410 (two-pronged test for informant hearsay reliability and basis of knowledge)
- Aguilar v. Texas, 378 U.S. 108 (informant reliability/basis-of-knowledge standard)
- Whiteley v. Warden, Wyo. State Penitentiary, 401 U.S. 560 (arrest validity not insulated by relying officers)
- People v. Petralia, 62 N.Y.2d 47 (undercover officer participation can raise triable issues regarding arrest validity)
- People v. Ketcham, 93 N.Y.2d 416 (Aguilar-Spinelli applied to undercover informant hearsay in probable-cause context)
- Graham v. Connor, 490 U.S. 386 (objective-reasonableness standard for excessive-force claims)
- Hudson Val. Mar., Inc. v. Town of Cortlandt, 79 A.D.3d 700 (municipal liability under § 1983 requires policy or custom)