Lojan v. Crumbsie
7:12-cv-00320
S.D.N.Y.Feb 1, 2013Background
- Plaintiff Wilson Lojan, Ecuadorian transgender woman, was detained at Westchester County Jail after arrest in 2011.
- Plaintiff was transferred from strict protective custody to protective custody with equivalent security but similar housing.
- In October 2011, Crumbsie, a WCJ trustee, assaulted Plaintiff by grabbing breasts, exposing himself, and forcing oral sex; Plaintiff resisted.
- The incident led to an investigation by the WCJ Special Investigations Unit and learning of Crumbsie’s violent history and gang affiliation.
- Plaintiff asserted Section 1983 claims against Crumbsie, Westchester County, and C.O. Jane Doe, and state-law claims for negligence, gross negligence, respondeat superior, and violations of NY Corrections Law § 137(5) and § 500-k.
- The court granted in part and denied in part Westchester County’s Rule 12(b)(6) motion; Counts I, III, IV, and V were dismissed, Count II survived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell policy or custom required for municipal liability | Plaintiff alleges a municipal policy or custom caused the harm | Westchester argues no causal link to policy | Monell claim dismissed for lack of moving-force causal link |
| Failure to protect claim under §1983 | Plaintiff asserts deliberate indifference based on policy and foreseeability | Westchester argues no foreseeability or reasonable basis | Count II survives; there was enough to imply causation and duty breached |
| Declaratory relief under NY Correction Law §137(5) | Plaintiff seeks declaratory relief for §137(5) violations | Declaratory relief inappropriate for past acts | Count IV (declaratory relief) dismissed |
| Official/qualified immunity on state-law claims | Claims against Westchester and Jane Doe not shielded | Discretionary actions entitled to immunity; bad faith not shown | Counts III and V dismissed; claims barred by official/qualified immunity |
| State-law negligence standards for corrections officers | Discretionary decisions fall outside immunity | Discretionary decisions protected; remaining claims fail | Counts III and V dismissed |
Key Cases Cited
- Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978) (municipal liability requires policy or custom and a causal link to the violation)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for failure to protect)
- Owen v. City of Independence, 445 U.S. 622 (1980) (municipal official capacity immunity limitations; constitutional rights unaffected)
- Okst v. City of New York, 101 F.3d 845 (2d Cir. 1996) (inmate rights and safety in detention settings; detainee rights comparable to convicted prisoners)
- Colon v. State, 620 N.Y.S.2d 1015 (N.Y. App. Div. 1994) (duty to protect inmates from foreseeable risks; negligence standards in corrections)