Graham v. City of New York
928 F. Supp. 2d 610
E.D.N.Y2013Background
- Plaintiff Robert Graham sues City of New York and officers Glenn and Ugbomah under § 1983, asserting federal and state law claims.
- Second Amended Complaint adds claims for false arrest, excessive force, obstruction, and related theories; other claims were withdrawn at oral argument.
- Officer Glenn and Ugbomah responded to a dispatched police call; stop occurred on Church Avenue in Brooklyn on June 8, 2007.
- Graham alleges he was ordered to hand over registration, was forcibly removed from his car, and handcuffed behind his back, causing pain from prior arm surgery.
- Court granted summary judgment on assault and battery against Ugbomah and denied summary judgment on remaining claims, including false arrest, excessive force, and failure to intervene.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest viability under § 1983 | Graham contends lack of probable cause defeats arrest. | Glenn had probable/arguable cause under OGA or vehicle law. | Genuine fact issues prevent summary judgment on false arrest. |
| Excessive force during arrest | Forcible removal and handcuffing were excessive given circumstances. | Force was reasonable under totality of circumstances. | Fact questions exist; excessive force claims survive summary judgment. |
| Failure to intervene by Ugbomah | Ugbomah failed to intercede to prevent rights violation. | No underlying constitutional violation established; no liability for failure to intervene. | Possible failure-to-intervene liability; not dismissed at summary judgment. |
| Qualified/State immunity defenses | Officers acted unlawfully; immunity does not apply. | Arguable probable cause and reasonable conduct may shield immunity. | Immunity defeated for these claims; genuine issues of fact remain; immunity not grantable at this stage. |
Key Cases Cited
- Weyant v. Okst, 101 F.3d 845 (2d Cir.1996) (probable cause standard for false arrest)
- Ackerson v. City of White Plains, 702 F.3d 15 (2d Cir.2012) (elements of false arrest; qualified immunity analysis)
- Tracy v. Freshwater, 623 F.3d 90 (2d Cir.2010) (objective reasonableness in excessive force analysis)
- Robison v. Via, 821 F.2d 913 (2d Cir.1987) (non-violent arrestee; excessive force can be basis for claim)
- Amnesty Am. v. Town of West Hartford, 361 F.3d 113 (2d Cir.2004) (excessive force can be found even without lasting injury)
- Pelayo v. Port Authority, 893 F. Supp. 2d 632 (S.D.N.Y.2012) (handcuffing and excessive force guidance; triable issues)
- Sidak v. City of New York, not included due to lack of official reporter citation () (excluded from key cases cited due to citation format)