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748 F. App'x 379
2d Cir.
2018
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Background

  • Plaintiff Richard Hardy, pro se, sued NYPD officers Patrick Daly and Jorge Grullon under 42 U.S.C. § 1983 and New York state law for alleged sexual assault of Hardy's wife, intentional infliction of emotional distress, and failure to intervene.
  • District court dismissed the amended complaint with prejudice under Rule 12(b)(6) for failure to state a claim and for procedural defects on state-law claims (failure to serve a timely notice of claim).
  • Hardy appealed the dismissal of his federal civil-rights claims and the state-law tort dismissals.
  • The Second Circuit reviewed the Rule 12(b)(6) dismissal de novo, construing Hardy's pro se allegations liberally.
  • The panel affirmed dismissal of the § 1983 claims (standing, verbal threats, and failure-to-intervene) but vacated the dismissal of state-law tort claims based on notice-of-claim issues and remanded for further proceedings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Standing to raise claims based on alleged sexual assault of Hardy's wife Hardy asserted claims based on the alleged sexual assault of his wife and related harms Defendants argued Hardy lacked standing to bring claims about harms to his wife Court: Hardy lacks standing to pursue claims arising directly from his wife's alleged sexual assault; federal claims dismissed
Verbal threats by officer Daly as § 1983 violation Hardy alleged Daly verbally threatened him Defendants argued verbal harassment without injury does not state § 1983 claim Court: Verbal threats alone, absent appreciable injury, do not state a constitutional claim; claim dismissed
Failure-to-intervene claim against Grullon Hardy alleged Grullon failed to intervene during alleged misconduct Defendants argued no underlying constitutional violation occurred, so no duty to intervene Court: Failure-to-intervene claim fails because there was no underlying constitutional violation; claim dismissed
Timeliness/notice of claim for state-law torts against officers Hardy argued his state tort claims should proceed despite notice timing Defendants argued Hardy failed to serve a timely notice of claim, barring state-law claims Court: District court erred by not addressing N.Y. Gen. Mun. Law § 50-k(3); because alleged conduct was beyond the scope of employment and would constitute intentional wrongdoing, municipal indemnification would not apply, so notice-of-claim requirement did not procedurally bar the state-law tort claims; dismissal vacated and remanded

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleading)
  • Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard and reasonable inference guide)
  • Forest Park Pictures v. Universal Television Network, Inc., 683 F.3d 424 (de novo review of Rule 12(b)(6))
  • Hill v. Curcione, 657 F.3d 116 (liberal construction of pro se complaints)
  • Purcell v. Coughlin, 790 F.2d 263 (verbal harassment without appreciable injury does not state a § 1983 claim)
  • Hardy v. N.Y.C. Health & Hosp. Corp., 164 F.3d 789 (application of state notice-of-claim rules in federal court)
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Case Details

Case Name: Hardy v. Daly
Court Name: Court of Appeals for the Second Circuit
Date Published: Sep 26, 2018
Citations: 748 F. App'x 379; 2018 WL 4631831; 17-2906
Docket Number: 17-2906
Court Abbreviation: 2d Cir.
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