Delamota v. City of New York
683 F. App'x 65
| 2d Cir. | 2017Background
- Plaintiff Sebastian Delamota was convicted of robbery in 2007 based largely on a photo-array identification; his conviction was later reversed by the New York Court of Appeals because the photo array was unduly suggestive.
- Delamota sued under 42 U.S.C. §§ 1983, 1985, and 1986 against the City, NYPD Detective Bruce Koch, Queens DA Richard A. Brown, and ADA Paul Scotti, alleging malicious prosecution, due process violations, improper photo array, prolonged detention, and Monell municipal liability.
- The District Court dismissed multiple claims under Rule 12(b)(6); Delamota appealed the dismissal of five § 1983 claims to the Second Circuit.
- Key factual allegations included that Detective Koch conducted a suggestive photo array, used Juan Jr. as an initial translator who may have known Delamota, and forwarded allegedly fabricated or misleading information to prosecutors and the grand jury.
- Several claims were conceded, withdrawn, or abandoned below or on appeal (including false arrest/imprisonment as time-barred, claims against DA Brown personally due to absolute immunity, and various Brady, conspiracy, and failure-to-intervene theories).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution: whether probable cause rebutted despite grand jury indictment | Delamota: indictment resulted from suggestive photo array and police misconduct so probable cause is rebutted | Defendants: grand jury indictment creates a presumption of probable cause not rebutten by allegations of subpar police work | Dismissal affirmed — indictment presumes probable cause; complaint fails to allege fraud, perjury, suppression, or bad faith to rebut it |
| Due process / fabricated evidence: whether officer fabricated information that reached prosecutors/grand jury | Delamota: Koch fabricated evidence and forwarded it, violating right to fair trial | Defendants: complaint does not plead facts showing fabrication or that Koch knew interpreter Juan Jr. was biased or acquainted with plaintiff | Dismissal affirmed — complaint lacks specific factual allegations of fabrication or deliberate misconduct |
| § 1983 claim re: unduly suggestive photo array: whether plaintiff can recover damages | Delamota: suggestive array caused constitutional violation warranting damages | Defendants: trial court’s independent admission of the identification was an intervening cause breaking causation | Dismissal affirmed — trial court’s independent decision to admit ID is intervening actor preventing § 1983 damages |
| Unreasonably prolonged detention: whether withholding exculpatory evidence prolonged detention | Delamota: Koch withheld info about suggestive array, interpreter familiarity, and Juan Jr.’s role | Defendants: allegations do not show withholding of exculpatory evidence or conscience-shocking conduct | Dismissal affirmed — allegations insufficient to show suppression of exculpatory evidence or shocking conduct |
| Monell municipal liability: whether City liable for plaintiff’s asserted federal deprivations | Delamota: municipal policies/customs caused deprivation | Defendants: no underlying federal constitutional violation alleged | Dismissal affirmed — because no federal rights deprivation established, Monell claim fails |
Key Cases Cited
- Chambers v. Time Warner, 282 F.3d 147 (2d Cir.) (standard for Rule 12(b)(6) review)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (legal conclusions not entitled to assumption of truth)
- Manganiello v. City of New York, 612 F.3d 149 (probable cause presumption from grand jury indictment; malicious prosecution elements)
- Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123 (fabrication of evidence forwarded to prosecutors can violate fair-trial rights)
- Wray v. City of New York, 490 F.3d 189 (intervening actors can break causation for § 1983 damages from suggestive ID)
- Russo v. City of Bridgeport, 479 F.3d 196 (elements for prolonged-detention claim based on withheld exculpatory evidence)
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (municipal liability requires underlying constitutional deprivation)
- Bermudez v. City of New York, 790 F.3d 368 (contrast involving deliberate coercion of identification)
- People v. Delamota, 18 N.Y.3d 107 (N.Y. Court of Appeals reversing Delamota’s conviction due to unduly suggestive photo array)