Simon v. City of New York
819 F. Supp. 2d 145
E.D.N.Y2011Background
- Plaintiff Simon identified as a person of interest in a vehicle theft investigated by Queens DA.
- Simon informed NYPD that she was Alexandra Simon, not Alexandra Griffin, creating confusion.
- Queens DA failed to serve a subpoena to Simon for grand jury testimony in July 2008.
- ADA Longobardi sought a material witness order and obtained a warrant for Simon in August 2008.
- DA investigators arrested/detained Simon in August 2008 under the material witness process; authorities allege transportation to Queens DA's office.
- Defendants contend Simon was not arrested but picked up by DA investigators and transported per order; magistrate issued material witness directive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutor immunity applies to material witness procedures. | Simon argues prosecutor acted in investigative role, not advocacy. | Longobardi acted as prosecutor advocating for the witness warrant; immune. | Absolute immunity applies to prosecutor's role in obtaining material witness order. |
| Whether DA investigators are shielded by absolute or qualified immunity. | Investigators knowingly relied on false information to detain Simon. | Investigators acted under prosecutor's direction with a facially valid warrant; immune. | Investigators are protected by absolute or at least qualified immunity; no §1983 claim. |
| Whether Simon's Monell claim against the City survives. | City liable for hiring/retention of prosecutors and investigators. | Monell claim lacks specific policy or custom; conclusory. | Monell claim dismissed; no policy or custom shown. |
Key Cases Cited
- Imbler v. Pachtman, 424 U.S. 409 (U.S. Supreme Court 1976) (creates absolute immunity for prosecutors in initiating and pursuing prosecutions)
- Kalina v. Fletcher, 522 U.S. 118 (U.S. Supreme Court 1997) (distinguishes acting as witness vs. lawyer; sworn certification not protected)
- Hill v. City of New York, 45 F.3d 653 (2d Cir. 1995) (delineates between advocacy vs. investigative functions for immunity)
- Buckley v. Fitzsimmons, 509 U.S. 259 (U.S. Supreme Court 1993) (immunity extends to officials assisting in judicial process under certain conditions)
- Monell v. City of New York, 436 U.S. 658 (U.S. Supreme Court 1978) (Monell liability requires a municipal policy or custom causing injury)