Delgado v. City of New York, 86 A.D.3d 502

This is a personal injury, property damage, and 42 U.S.C. § 1983 action arising from a no-knock search at 1065 Manor Ave., Bronx, on May 25, 1994, causing injuries and property damage to plaintiffs Sandra Delgado and her six children.
An informant referred to as Green Eyes provided details about a fifth-floor apartment allegedly housing drugs and firearms, describing occupants and the door as brown, with a first-left-on-entry layout.
Police sought a no-knock warrant based on the informant’s tip without prior corroboration, surveillance, controlled buys, or independent verification of the informant’s reliability or knowledge.
Bronx Supreme Court issued a ten-day no-knock warrant on May 19, 1994, authorizing entry without notice, for narcotics and firearms at the specified apartment; execution occurred around 12:50 a.m. on May 25, 1994 by NYCHA Housing Police, resulting in occupation, searches, and disruption of plaintiffs’ home.
Plaintiffs alleged false arrest, unlawful imprisonment, negligence, assault and battery, and §1983 claims; officers conducted the search and allegedly threatened or harmed family members during the entry and search.
Lower court granted summary judgment to the arresting officers but denied it to captain Witkowich and officers Washington and Masiello, and held the warrant lacked proper reliability under Aguilar-Spinelli.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrant was supported by probable cause under Aguilar-Spinelli.	Delgado contends informant reliability and knowledge were not established.	Witkowich/Washington argue reliance on a facially valid warrant is protected by qualified immunity.	Issue resolved against reliability; warrant not supported by adequate Aguilar-Spinelli showing.
Whether the informant’s information satisfied the veracity and basis of knowledge prongs.	Plaintiffs emphasize lack of corroboration and corroborative verification.	Defendants claim informant-provided information was sufficient or warrants immunity.	Informant lacked corroboration and knowledge basis; information insufficient.
Whether officers executing the warrant are entitled to qualified immunity given the invalidity of the warrant.	Plaintiffs assert officers acted with conduct beyond reasonable belief given unreliability.	Officers who executed a facially valid warrant are entitled to immunity.	Qualified immunity granted only to executing officers; captain and supervisors denied on basis of reliability failure.
Whether NYCHA is liable under §1983 for the alleged constitutional violations.	NYCHA policy or custom caused violations.	No demonstrated policy or custom caused the violations.	NYCHA not liable under §1983.

Aguilar v. Texas, 378 US 108 (US Supreme Court 1964) (two-prong test: veracity and basis of knowledge for informants)
Spinelli v. United States, 393 US 410 (US Supreme Court 1969) (clarified Aguilar test for informant reliability and knowledge)
People v. DiFalco, 80 NY2d 693 (NY Court of Appeals 1993) (reliability may be shown by corroboration and other factors)
People v. Elwell, 50 NY2d 231 (NY Court of Appeals 1980) (basis of knowledge requires corroboration of information)
People v. Burks, 134 AD2d 604 (2d Dept 1987) (insufficiently against penal interest to establish reliability)
Maryland v. Garrison, 480 US 79 (US Supreme Court 1987) (conducting a mistaken search raises constitutional concerns)
Rossi v. City of Amsterdam, 274 AD2d 874 (4th Dept 2000) (no immunity where officers failed to verify information)