2014 WL 775058
E.D.N.Y.2014Background
- On Feb 2, 2011 Martinez alleges Suffolk County police (later identified as Flores and Fernandez) stopped and searched him unlawfully; he claims he was forced to strip and was searched.
- Martinez filed suit (Oct 20, 2011; amended Feb 13, 2013; second amended Nov 27, 2013) against Suffolk County, the Suffolk County Police Department, Sergeants Krause and Hansen, Officers Flores and Fernandez, and John/Jane Does asserting § 1983, § 1985(2),(3), battery, and negligent hiring/training/supervision claims.
- Krause and Hansen were not personally involved in the stop; Hansen took a complaint and forwarded it to Internal Affairs; Krause made inquiries of subordinate officers and spoke to a complainant but did not interview Martinez.
- Moving defendants (Krause, Hansen, Suffolk County, Suffolk County PD) moved for summary judgment; Martinez opposed; court considered facts in plaintiff’s favor where appropriate.
- Court dismissed claims against the Suffolk County Police Department (no separate legal identity) and dismissed all claims against Krause and Hansen (official and personal capacity) for failures to investigate, conspiracy, and battery theories.
- Court retained § 1983 and battery claims against Flores and Fernandez; dismissed § 1985 against them sua sponte; exercised supplemental jurisdiction over the state-law battery claim because a federal § 1983 claim against Flores and Fernandez remained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Capacity of Suffolk County Police Dept. to be sued | Martinez sued the department as a defendant | Department is an administrative arm of the county and lacks separate legal identity | Dismissed: department cannot be sued separately from the county |
| § 1983 liability for Krause/Hansen based on failure to investigate | Failure to investigate and withholding information violated Martinez’s constitutional rights | No constitutional right to an investigation; qualified immunity applies | Dismissed: no § 1983 claim for failure to investigate; qualified immunity/backstop law supports dismissal |
| § 1985 conspiracy claim against Krause/Hansen | Defendants conspired to cover up misconduct | No factual basis for an agreement or class-based discriminatory animus; intracorporate conspiracy doctrine bars it | Dismissed: insufficient evidence of meeting of minds, no class-based animus, intracorporate doctrine applies |
| Battery/municipal liability (Suffolk County) | County liable for officers’ misconduct and for failing to investigate | Absent a special relationship or special assurances, municipality not liable for failure to provide police protection | Dismissed: no special-relationship facts; battery claim against county dismissed |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard; genuine issue for trial)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment allocation of burdens)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability under § 1983 and official-capacity claims)
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (U.S. 2005) (no due process right to have someone else arrested)
- Patterson v. County of Oneida, 375 F.3d 206 (2d Cir. 2004) (§ 1983 as a remedy for rights elsewhere conferred)
- Thomas v. Roach, 165 F.3d 137 (2d Cir. 1999) (elements for a § 1985(3) conspiracy claim and requirement of class-based animus)
- Herrmann v. Moore, 576 F.2d 453 (2d Cir. 1978) (intracorporate conspiracy doctrine)
- McLee v. Chrysler Corp., 109 F.3d 130 (2d Cir. 1997) (resolving ambiguities and drawing inferences against the movant on summary judgment)