56 F. Supp. 3d 191
E.D.N.Y2014Background
- Levanto's §1983 action targets NY State Police and three troopers for false arrest/imprisonment, due process, and equal protection claims.
- Defendants moved to dismiss under Rule 12(b)(6) for failure to state a claim.
- Plaintiff cross-moved to amend the complaint while the motion to dismiss was pending.
- Court reviewed amendment under Rule 15(a); amendment not futile and not all claims would be dismissed.
- Plaintiff alleged a May 30, 2013 incident: warrantless entry/search of home, handcuffing, hours-long detention, Miranda rights later given, and later identification errors leading to charges dropped June/July 2013; ADA later conceded wrong man.
- Court granted in part and denied in part the motion to amend, and directed filing of a second amended complaint; NYSP and John Doe #2 were to be terminated; Brian Horgan added as defendant in place of John Doe #1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendment to remove State Police is proper | Levantino seeks to drop State Police from suit | State Police should remain; amendment futile | Partially granted; State Police removed as defendant per order |
| Whether false arrest/imprisonment claims against Skala and Horgan survive | Probable cause unclear; continuous detention actionable | Probable cause or arguable probable cause; qualified immunity possible | Not futile at this stage; claims against Skala and Horgan in their individual capacities survive |
| Procedural due process claim against Skala/Horgan | Deliberate delay in processing papers violated due process | Delay analyzed under Fourth Amendment; potential delay claim limited | Not futile for delay-based procedural due process claim; duplicative core claim denied to extent duplicative of Fourth Amendment claim |
| Search and seizure claim against Skala/Horgan | Home/person searches without proper justification violated Fourth Amendment | Search/entry may be allowed incident to arrest if probable cause exists | Not futile; cross-motion granted to include unlawful search and seizure claim against Skala/Horgan |
| Prima facie tort and declaratory/injunctive relief against officials | Requests relief against officials in official capacity; state law claims pending | Eleventh Amendment and duplicative theories bar relief | Prima facie tort denied; declaratory/injunctive relief against officials denied; state-capacity relief denied |
Key Cases Cited
- Jocks v. Tavernier, 316 F.3d 128 (2d Cir. 2003) (false arrest/imprisonment and probable cause standards in §1983 actions)
- Betts v. Shearman, 751 F.3d 78 (2d Cir. 2014) (probable cause as complete defense in false arrest claims)
- Pierson v. Ray, 386 U.S. 547 (1967) (good faith and probable cause defense extend to §1983 actions)
- Fabrikant v. French, 691 F.3d 193 (2d Cir. 2012) (unreasonable or trivial investigations cannot negate probable cause)
- McKenna v. Wright, 386 F.3d 432 (2d Cir. 2004) (immunity analysis requires facial, not factual, review for Rule 12(b)(6))
- Jenkins v. City of New York, 478 F.3d 76 (2d Cir. 2007) (qualified immunity standards in §1983 context)
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (detention durations and due process timing for probable cause hearings)