Johnson v. The City of New York
1:15-cv-05873
| E.D.N.Y | Aug 2, 2019Background
- Plaintiff Tremaine Johnson was arrested on July 6, 2013 after an incident at All About Automotive; Plaintiff alleges Sandra Rivera falsely implicated him, leading to arrest and criminal prosecution that was later dismissed.
- Rivera and All About Automotive never answered the complaint, repeatedly failed to comply with subpoenas and court orders, and did not appear at hearings; the Clerk entered default and the Court entered default judgment against them sua sponte.
- The Court conducted an inquest on damages after finding the well-pleaded allegations sufficient to support malicious prosecution liability against Rivera and the towing company.
- At the hearing Plaintiff credibly testified about arrest, lengthy detention (including ~48 hours in Central Booking), emotional and physical effects, and monetary losses (attorney fees, lost income, travel).
- The Magistrate Judge recommends awarding damages jointly and severally against Rivera and All About Automotive totaling $100,425.00: $75,000.00 for emotional distress and $25,425.00 in actual damages (including $15,000 attorneys’ fees, $9,300 lost income, $1,125 travel).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default was proper and notice adequate | Default judgment appropriate given Rivera and All About Automotive ignored process and orders | (No responsive defense; defendants largely unrepresented and noncompliant) | Court found defendants had adequate notice and entry of default judgment was proper |
| Liability for malicious prosecution | Johnson contends Rivera falsely reported him, causing prosecution and emotional/physical harm | (No answer or argument) | Court previously found plaintiff’s malicious-prosecution allegations well-pleaded and sufficient to support default liability |
| Scope of recoverable damages after default | Johnson sought actual and emotional-distress damages tied to the prosecution, plus fees and costs | (No opposition) | Court conducted inquest and concluded damages must be proven to reasonable certainty; plaintiff’s testimony sufficed |
| Amount of damages to award | Testimony supports $15,000 attorney fees, $9,300 lost income, $1,125 travel, and substantial emotional distress | (No opposition) | Magistrate recommends $25,425 actual damages and $75,000 for emotional distress; total $100,425 joint and several judgment |
Key Cases Cited
- Cement & Concrete Workers Dist. Council Welfare Fund v. Metrofoundation Contractors, Inc., 699 F.3d 230 (2d Cir.) (default admits well-pleaded allegations; court must determine damages to reasonable certainty)
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155 (2d Cir.) (default admits factual allegations except damages)
- Credit Lyonnais Sec. (USA), Inc. v. Alcantara, 183 F.3d 151 (2d Cir.) (damages inquiry standard after default)
- Finkel v. Romanowicz, 577 F.3d 79 (2d Cir.) (district court discretion in Rule 55(b) damages determinations)
- Stampf v. Long Island R.R. Co., 761 F.3d 192 (2d Cir.) (discusses range of emotional-distress awards in malicious prosecution cases)