Richardson v. City of N.Y.
20-3560-pr
| 2d Cir. | Jun 23, 2021Background
- Plaintiff Dewayne Richardson, proceeding pro se, sued under 42 U.S.C. § 1983 alleging unlawful arrest and malicious prosecution on robbery charges later dismissed.
- The complaint named the City of New York and several NYPD officers; the City was served but the individual officers were never served and never appeared.
- After discovery the City moved for summary judgment; the magistrate judge recommended granting it and the district court adopted that recommendation.
- Richardson did not raise service-related arguments in the district court; he raised them for the first time on appeal.
- The district court granted summary judgment to the City because Richardson neither alleged nor produced evidence of an official municipal policy or custom causing a constitutional violation (Monell claim).
- The Second Circuit affirmed: Richardson waived his service argument on appeal, and the City was entitled to summary judgment for lack of a Monell showing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service on individual officers | Richardson contests non-service of individual officers (raised on appeal) | City: individuals not served; only City is defendant; dismissal under Rule 4(m) | Waived on appeal; dismissal for failure to serve affirmed |
| Municipal liability under § 1983 (Monell) | Richardson points to officers' conduct leading to arrest/prosecution (no municipal policy alleged) | City: no evidence of an official policy or custom causing the alleged constitutional violation | Summary judgment for City affirmed; no Monell liability without policy/custom evidence |
Key Cases Cited
- Garcia v. Hartford Police Dep’t, 706 F.3d 120 (2d Cir.) (standard of review for summary judgment and drawing inferences against moving party)
- Harrison v. Republic of Sudan, 838 F.3d 86 (2d Cir.) (appellate courts generally decline to consider issues raised first on appeal)
- Outlaw v. City of Hartford, 884 F.3d 351 (2d Cir.) (local governments not vicariously liable under § 1983)
- Frost v. N.Y.C. Police Dep’t, 980 F.3d 231 (2d Cir.) (Monell requires showing municipal policy or custom caused constitutional violation)
- Lucente v. County of Suffolk, 980 F.3d 284 (2d Cir.) (same)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 requires an official policy or custom)