916 F. Supp. 2d 524
S.D.N.Y.2013Background
- Plaintiff Rakim Paulin, proceeding pro se, asserts Section 1983 claims arising from an arrest on January 9, 2009 and subsequent events.
- Officers Conti and Figlia allegedly stopped Lent’s vehicle, and plaintiff exited and began to walk away.
- Figlia allegedly tackled plaintiff, beating him while Conti restrained his legs; plaintiff was beaten and choked, losing consciousness.
- At the Beacon Police Station, Figlia allegedly conducted a strip search without probable cause and ignored plaintiff’s requests for medical care; Fredericks observed injuries and deferred care.
- Plaintiff was transferred to Dutchess County Jail, where medical care was eventually provided; charges against him were dismissed on April 9, 2009.
- Plaintiff amended his complaint (Dec. 15, 2011) to substitute Conti for a John Doe defendant; the court addressed the claims in the amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest and probable cause | Paulin alleges no probable cause to arrest. | Defendants contend probable cause existed at the time of arrest. | Dismissed false arrest claim. |
| Excessive force | Paulin alleges excessive force during and after arrest by Figlia (and Conti). | Conti argues statute of limitations; relation back resolves. | Excessive force survives against Figlia and Conti. |
| Strip search | Strip search without probable cause at holding cell. | Search authorized by policy; deference to corrections officials. | Strip search claim dismissed. |
| Denial of medical care | Defendants delayed medical treatment following injuries. | Care would be provided at jail; delay not actionable at this stage. | Fourteenth Amendment deliberate indifference claim survives against Figlia and Fredericks. |
| Supervisory liability | Fredericks as supervisor knowingly allowed/failed to remedy violations. | No specific facts showing supervisory knowledge or policy. | Fredericks liable for deliberate indifference; no liability for excessive force by others. |
Key Cases Cited
- Escalera v. Lunn, 361 F.3d 737 (2d Cir.2004) (false arrest standard; probable cause defense)
- Bernard v. United States, 25 F.3d 98 (2d Cir.1994) (probable cause standard for false arrest)
- Panetta v. Crowley, 460 F.3d 388 (2d Cir.2006) (probable cause and stop-and-detain concepts)
- Hiibel v. Sixth Judicial District Court of Nev., 542 U.S. 177 (2004) (authority to briefly detain for identification)
- United States v. Hensley, 469 U.S. 221 (1985) (reasonableness during stop to protect safety)
- People v. Howard, 50 N.Y.2d 583 (N.Y.) (flight plus indicia of criminal activity may create probable cause)
- Florence v. Board of Chosen Freeholders, 132 S. Ct. 1510 (2012) (upholds reasonable strip/search policy in detention settings)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard for plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard; plausibility")
- Salahuddin v. Goord, 467 F.3d 263 (2d Cir.2006) (deliberate indifference standard; subjective + objective)