64 F. Supp. 3d 384
E.D.N.Y2014Background
- Harewood was arrested June 11, 2007 for a May 17 stabbing in Brooklyn by Detective Braithwaite.
- Following arrest, Harewood was interrogated for hours and later held for lineup identification.
- Creary, an eyewitness, identified Harewood from a photo array, and Braithwaite later presented a lineup.
- The Grand Jury voted no true bill; Harewood was released and charges were dismissed.
- At trial, the jury found false arrest and unreasonable detention, awarding compensatory and punitive damages; the court denied some but granted others on immunity and detention claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for false arrest | Harewood lacked probable cause due to incredibility of Creary's identification | Creary’s identification provided probable cause | False arrest liability; not entitled to judgment as a matter of law on probable cause; no qualified immunity at this stage |
| Qualified immunity defense for false arrest | Qualified immunity does not apply given lack of probable cause and unreliable identification | Officer acted with arguable probable cause; reasonable belief of legality | No qualified immunity; denial of immunity for false arrest |
| Unreasonable detention (Russo claim) | Failure to investigate arguably exculpatory alibi evidence prolonged detention | Alibi evidence was at most arguably exculpatory and not shock-the-conscience level | Ruled in favor of Harewood on Russo claim; in part, unreasonable detention not proven; Rule 50 outcome applies accordingly |
| Rule 59 — new trial and punitive damages | New trial warranted due to taint from Russo claim and improper evidence | No basis for new trial; evidence properly weighed | Rule 59 denied; no new trial; punitive damages upheld for false arrest, and adjusted for detention claim |
Key Cases Cited
- Weyant v. Okst, 101 F.3d 845 (2d Cir.1996) (probable cause required for false arrest under Fourth Amendment)
- Illinois v. Gates, 462 U.S. 213 (Supreme Court 1983) (totality of the circumstances in probable cause)
- Panetta v. Crowley, 460 F.3d 388 (2d Cir.2006) (reliability of eyewitness identifications)
- Ashcroft v. al-Kidd, 563 U.S. 741 (2011) (clearly established rights need not be on point; precedent must place question beyond debate)
- Taravella v. Town of Wolcott, 599 F.3d 129 (2d Cir.2010) (two-prong qualified immunity analysis; objective reasonableness focus on case facts)
- Zellner v. Summerlin, 494 F.3d 344 (2d Cir.2007) (jury fact resolution on immunity questions; post-verdict ultimate legal determination)
- Jenkins v. City of New York, 478 F.3d 76 (2d Cir.2007) (probable cause and disclosure of conflicting information)
- Russo v. City of Bridgeport, 479 F.3d 196 (2d Cir.2007) (Russo claim; exculpatory evidence and shock-the-conscience standard)
- Wray v. City of New York, 490 F.3d 189 (2d Cir.2007) (lineup procedures and identification evidence relate to due process)
- Nelson v. Hernandez, 524 F.Supp.2d 212 (E.D.N.Y.2007) (exculpatory evidence and investigative conduct standards)