558 F.Supp.3d 1
N.D.N.Y.2021Background
- On March 15, 2019 Durr (a Social Security–disabled individual diagnosed with bipolar disorder/ADD) was arrested in Oneida after yelling and obstructing traffic; he consented to handcuffs but allegedly spat at Officer Slator and was then kicked in the knee by Deputy Silverman, dislocating it.
- After initial transport to Oneida Healthcare (which told staff to send him to Upstate for orthopedics), Durr was returned to the Oneida City Police Station instead of transferred; his knee swelled, he twice defecated because he could not rise, and he was charged with criminal tampering.
- Durr sued (42 U.S.C. §§ 1983, 12132 and state claims) for excessive force, deliberate indifference to medical needs, Title II ADA discrimination, failure to intervene, Monell municipal liability, assault, negligence, and violation of NY Civil Rights Law § 28; City Defendants moved to dismiss and County Defendants moved for judgment on the pleadings.
- The court accepted Durr’s allegations as true for pleadings purposes and applied governing pleading and § 1983 standards (Twombly/Iqbal, Rule 12(b)(6)/12(c)).
- The court: (a) allowed excessive-force claim to proceed against Silverman but dismissed that claim against Slator for lack of personal involvement; (b) allowed deliberate-indifference claims against Slator and Clark to proceed but dismissed deliberate-indifference claims against Silverman for lack of personal involvement; (c) allowed ADA Title II claims (for bipolar disorder) against the municipal defendants but dismissed ADA claims against individual officers and ADA claims based on the knee; (d) dismissed Monell and NY § 28 claims; (e) preserved assault (individual capacity) and negligence (City) claims in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (use of kick) | Durr: Silverman kicked him while handcuffed, dislocating knee and causing severe pain and treatment need | Defs: sweep/kick was reasonable (Durr spit), injury due to preexisting condition, de minimis force | Excessive-force claim against Silverman survives at pleading stage; claim against Slator dismissed for lack of personal involvement/failure-to-intervene (no realistic opportunity) |
| Qualified immunity for Silverman | Durr: conduct violated clearly established Fourth Amendment rights | County: Silverman reasonably believed force necessary; leg sweep decisions support immunity | Qualified immunity denied at this stage: viewing facts favorably to Durr, use of force plausibly unreasonable and law re takedown of non‑resisting arrestee was sufficiently clear |
| Failure to intervene (Slator, Clark) | Durr: officers failed to stop constitutional violations | Defs: not present or lacked opportunity | Failure-to-intervene claim against Slator for the kick dismissed (no realistic opportunity); claim against Clark dismissed without prejudice as presence not alleged but Durr may replead after discovery |
| Deliberate indifference to medical needs | Durr: officers ignored discharge instructions and returned him to jail instead of Upstate ED, prolonging pain | Defs: they promptly took him to Oneida Healthcare so no claim; Silverman lacked further involvement | Deliberate-indifference claim allowed against Slator and Clark (objective serious need + officials knew/should have known); dismissed as to Silverman for lack of personal involvement |
| ADA Title II (reasonable accommodation / wrongful arrest) | Durr: bipolar disorder is a disability; officers should have used de-escalation and accommodated him during arrest | Defs: knee not qualifying; arrests not covered; individuals cannot be liable under ADA | ADA claim based on bipolar disorder survives against City of Oneida and Madison County; ADA claims based on knee/inadequate medical treatment dismissed; ADA claims against individual officers dismissed (ADA/§504 do not permit individual capacity suits under Section 1983) |
| §1983 as vehicle to enforce ADA rights against individuals | Durr: alleges ADA violations via §1983 to hold officers individually liable | Defs: §1983 not a vehicle to impose individual ADA liability | Court agrees with prevailing circuits: ADA rights cannot be enforced against individuals via §1983; individual‑capacity ADA claims dismissed |
| Monell (failure to train/supervise/discipline; bodycam policy) | Durr: municipality had custom/policy of not disciplining or requiring cameras, demonstrating deliberate indifference | Defs: only a single incident; no pattern or deliberate indifference; no bad‑faith suppression of bodycam evidence | Monell claims dismissed: plaintiff failed to plead a municipal policy or pattern; no bad‑faith/persistent failure to turn on cameras alleged |
| NY Civil Rights Law § 28 (duty to provide medical and mental‑health attention) | Durr: §28 creates statutory duty permitting claims for failure to provide care | Defs: §28 enacted after incident and is not retroactive | §28 claims dismissed: Court declines retroactive application (statute creates broader substantive duties beyond preexisting constitutional standards) |
| Assault & negligence (state torts) | Durr: assault (kick) and negligence for medical failure while in custody | Defs: assault duplicative of excessive‑force claims; statute of limitations; County not liable for sheriff | Assault claim survives against Silverman in his individual capacity (timely); assault claims vs Slator/Clark dismissed; negligence claim for failure to provide medical care may proceed against City defendants; negligence claims vs County dismissed where no personal involvement alleged |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (Fourth Amendment objective-reasonableness test for force)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom)
- Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017) (deliberate‑indifference standard for pretrial detainees)
- City of Revere v. Massachusetts General Hospital, 463 U.S. 239 (U.S. 1983) (arrestee must be taken promptly to an appropriate hospital)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (legal conclusions not accepted as true on a motion to dismiss)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (qualified immunity framework/prong sequencing)
- Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206 (U.S. 1998) (Title II covers state prisons/public entities)
- Sheehan v. City & County of San Francisco, 743 F.3d 1211 (9th Cir. 2014) (ADA claims in law‑enforcement encounters and reasonable‑accommodation framework)
- Tangreti v. Bachmann, 983 F.3d 609 (2d Cir. 2020) (supervisory liability requires each official’s own unconstitutional actions)
- Costabile v. New York City Health & Hospitals Corp., 951 F.3d 77 (2d Cir. 2020) (Rehabilitation Act/ADA rights are not enforceable against individuals via §1983)
- Connick v. Thompson, 563 U.S. 51 (U.S. 2011) (failure‑to‑train municipal liability requires pattern of violations)