Mikulec v. Town of Cheektowaga, 909 F. Supp. 2d 214

Mikulec, 74, was arrested March 2010 after a confrontation at Mademoiselle Folie Berger; he sues Town of Cheektowaga and several officers under §1983 for excessive force, false arrest, denial of medical care, and unlawful detention, plus a state-law battery claim.
Officers Bashaw and Wood arrested Mikulec; handcuffed him in double cuffs and transported him to the station, with disputed conduct during arrest.
Officers Jakubowicz and McAdams arrived later; plaintiff alleges they witnessed abuse and failed to intervene, but evidence insufficient to prove witnessing or opportunity to intervene.
Detention at the station lasted about two hours; plaintiff alleges lack of charging information and denial of medical care, while the court assesses promptness under Gerstein and related standards.
Court grants summary judgment for the Town on Monell liability; the town showed no policy or custom causing the injuries; remaining claims proceed against Wood and Bashaw for battery/excessive force.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Excessive force at arrest.	Wood and Bashaw used excessive force.	Force was objectively reasonable given resistance.	Excessive-force claim may go to jury.
Failure to intervene by Jakubowicz/McAdams.	Officers witnessed abuse and could have intervened.	No proof of witnessing or opportunity to intervene.	Claim dismissed for lack of evidence of intervention.
Denial of medical treatment.	Ignored serious medical needs and tight handcuffs caused harm.	No serious medical condition proven; minor injuries not constitutionally cognizable.	Deliberate indifference claim dismissed.
False arrest and probable cause.	Lacked probable cause; 911 account disputed; harassment arrest improper.	Probable cause supported by waitress testimony; presence issue discussed under Atwater.	Qualified immunity applies; false-arrest claim dismissed.
Due process and prolonged detention.	Detention over two hours without charges violated due process.	Detention within 48-hour presumptive compliance; administrative steps justified.	Detention lawful under prevailing standards.
Municipal liability under Monell.	Town’s policy or training deficiencies caused violation.	No evidence of policy or custom; isolated incidents insufficient.	Town entitled to summary judgment on §1983 Monell claim.

Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for excessive force)
Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (presence-based considerations for custodial arrests)
Anderson v. Branen, 17 F.3d 552 (2d Cir. 1994) (failure to intercede liability when observer could have intervened)
Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123 (2d Cir. 1997) (officer entitled to rely on co-worker testimony in probable-cause analysis)
Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference to serious medical needs under §1983)
Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom)