259 F. Supp. 3d 82
S.D.N.Y.2016Background
- Jose Mediavilla (Occupy Wall Street participant) was arrested on Nov. 5, 2011 after confronting and repeatedly shouting “treason” at Lt. Zielinski, who was using a bullhorn to order demonstrators to clear a congested sidewalk in front of 60 Centre Street. Video shows Mediavilla staying within an arm’s length, following Zielinski, and refusing dispersal orders.
- Officers (including Officer Ciaramitaro) removed Mediavilla behind a plastic police fence, brought him to the ground, restrained and arrested him without a warrant; charges were later ACD’d and dismissed/sealed. Mediavilla abandoned claims relating to a separate Nov. 12, 2011 arrest.
- Mediavilla sued under 42 U.S.C. § 1983 asserting federal civil-rights violations, false arrest, failure to intervene, malicious prosecution, excessive force (tight plastic handcuffs), First Amendment retaliation / time/place/manner claims, and Monell municipal liability.
- Defendants moved for summary judgment (motion converted from Rule 12(b)(6)); plaintiff moved to amend the complaint. Extensive video evidence and Rule 56.1 statements were submitted and considered.
- The district court found the dispersal orders lawful given sidewalk congestion and public-safety/pedestrian traffic interests, concluded officers had probable cause (and at minimum arguable probable cause), granted qualified immunity in alternative, and denied leave to amend as futile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause / false arrest for Nov. 5 arrest | Mediavilla contends he was exercising protected speech and did not justify arrest | Officers argue Mediavilla refused lawful dispersal orders, followed and shouted at Lt. Zielinski, obstructing police function and pedestrian traffic | Court: Probable cause existed for disorderly conduct, obstruction, harassment; false arrest claim dismissed; qualified immunity alternative granted |
| First Amendment (retaliation & time/place/manner) | Mediavilla says arrest was retaliation for criticizing officers; sidewalk measures violated speech rights | Defendants say orders were content-neutral crowd-control to protect pedestrian safety and were lawful | Court: First Amendment claims fail because probable cause existed; alternatively officers entitled to qualified immunity; time/place/manner restriction was content-neutral and justified |
| Excessive force (tight handcuffs; being pulled/held down) | Mediavilla alleges painful, overly tight plastic flexi-cuffs and that multiple officers sat/kneeled on him | Defendants say use of force was reasonable to effect arrest and plaintiff offers no evidence of injury or officer malice | Court: Excessive-force claim dismissed for failure to show injury, complaints to officers, or plead particularized facts; newly alleged force theories raised only in opposition not the complaint were not considered; in any event force was reasonable |
| Monell municipal liability and Failure to Intervene | Mediavilla alleges City customs/failure to train and officers failed to stop unconstitutional conduct | Defendants assert no underlying constitutional violation and plaintiff offers no admissible evidence linking policy to conduct | Court: Monell and failure-to-intervene claims fail — no underlying constitutional violation; plaintiff produced insufficient/admissible evidence to show municipal policy or causal link; amendment denied as futile |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (video evidence can be considered on summary judgment)
- Fabrikant v. French, 691 F.3d 193 (2d Cir.) (summary judgment based in part on video evidence and probable cause / qualified immunity analysis)
- Garcia v. Does, 779 F.3d 84 (2d Cir.) (probable cause measured by facts known to arresting officer at time of arrest)
- Marcavage v. City of New York, 689 F.3d 98 (2d Cir.) (refusal to obey lawful dispersal orders can create probable cause to arrest for obstruction)
- Jaegly v. Couch, 439 F.3d 149 (2d Cir.) (focus on validity of arrest overall rather than each charge)
- Escalera v. Lunn, 361 F.3d 737 (2d Cir.) (standard for arguable probable cause / qualified immunity)
- Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658 (municipal liability requires policy or custom causing constitutional injury)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity framework)
- Foman v. Davis, 371 U.S. 178 (standards for leave to amend pleadings)
- People v. Johnson, 22 N.Y.3d 1162 (N.Y. Ct. of Appeals) (elements for disorderly conduct: public harm and intent)