Gordon v. Suffolk County
2:21-cv-01653
E.D.N.YDec 9, 2022Background
- Plaintiff Avion Gordon, an African American man, stayed at the Ramada Plaza in Holtsville on December 13–14, 2017; the hotel was under a prostitution investigation at the time.
- Hotel employees allegedly shared Gordon’s personal information and surveillance with law enforcement (without consent or a warrant) and implicated him in trafficking and drug distribution.
- Gordon was arrested and arraigned on a 44‑count sex‑trafficking indictment on March 28, 2018; the charges were dismissed on February 11, 2019.
- Gordon sued on March 27, 2021 and later amended complaints to add Wyndham Hotels & Resorts, Ramada Worldwide, Inc., and Champak B. Patel as defendants (WHRI added June 30, 2021; RWI and Patel added November 30, 2021).
- The Hotel Defendants moved to dismiss; the district court granted the motions, principally on statute‑of‑limitations grounds, and dismissed additional claims for failure to state viable theories (e.g., breach of contract, NY constitutional claim).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual and timeliness of §1983 false arrest/false imprisonment | Gordon contends defendants’ conduct led to wrongful arrest; did not explicitly argue relation‑back | Defendants: §1983 claims accrued at arraignment (Mar 28, 2018) and are time‑barred because defendants were added after the 3‑year period | Dismissed — §1983 claims accrued at arraignment; plaintiff added defendants after the 3‑year limitations period, untimely |
| Timeliness of state false arrest/false imprisonment and malicious prosecution | Gordon argues claims arise from disclosures during Dec 2017 stay and subsequent arrest | Defendants: state torts accrued on release/dismissal (Feb 11, 2019) or at time of injury (Dec 13–14, 2017); one‑year (false arrest) and one‑year (malicious prosecution) statutes apply | Dismissed — state false arrest/imprisonment and malicious prosecution filed after applicable limitations periods |
| Timeliness of GBL §349 and NYHRL claims | Gordon contends disclosures were deceptive and discriminatory | Defendants: injuries occurred Dec 13–14, 2017 (or at arrest Mar 27–28, 2018); claims untimely under 3‑year limitations | Dismissed — both claims untimely under their accrual dates |
| Timeliness of negligence and emotional‑distress claims | Gordon ties emotional/pecuniary injury to disclosures and later arrest | Defendants: negligence accrues at injury (Dec 2017); IIED/NIED accrue when distress began (by arrest Mar 27–28, 2018) | Dismissed — negligence and emotional‑distress claims untimely under accrual analyses |
| Patel’s liability given alleged non‑ownership after events | Gordon alleges Patel was owner/operator/franchisee at relevant times | Patel asserted he acquired interest after the events and cannot be liable | Denied as to dismissal at pleading stage — court accepts Gordon’s pleaded allegation that Patel was owner/operator and cannot consider Patel’s contrary factual affidavit on a 12(b)(6) motion |
| Breach of contract and NY constitutional unlawful search/seizure claim | Gordon alleges hotel privacy policy created contractual duty and constitutional claim for unlawful search/seizure | Defendants: no enforceable contract alleged; NY constitutional claim inapplicable to private actors and was abandoned in opposition papers | Dismissed — breach of contract inadequately pleaded; NY constitutional claim dismissed as abandoned and because tort remedies suffice |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard: courts need factual allegations to support legal conclusions)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard)
- Wallace v. Kato, 549 U.S. 384 (false arrest claim accrues when the arrestee is held pursuant to legal process)
- McDonough v. Smith, 139 S. Ct. 2149 (federal accrual rule for §1983 claims)
- Owens v. Okure, 488 U.S. 235 (federal courts borrow state statute of limitations for §1983 actions)
- Faber v. Metropolitan Life Ins. Co., 648 F.3d 98 (2d Cir. pleading/inference guidance)
- Ying Li v. City of New York, 246 F. Supp. 3d 578 (application of accrual rule to §1983 false arrest in E.D.N.Y.)