Smith v. Town of Lloyd
435 F.Supp.3d 417
N.D.N.Y.2020Background
- Early morning shooting at the Home Club; officers identified and pursued a maroon Nissan believed to contain suspects; vehicle stopped on Route 9W.
- Officers approached with guns drawn; commands were given but visibility and compliance were disputed in the chaotic, noisy scene captured by dashcam.
- Smith (rear passenger) discarded a firearm; Gordon (driver) was later shot when Officer Sawyer shouted "gun" and fired; Deputy Riley then fired two shots; disputed whether Gordon pointed a revolver at officers.
- Gordon later pled guilty to criminal possession of a firearm and admitted under oath he had a Rossi .38 in his waistband and that he was shot after pulling the gun and passing it rearward; court gave collateral estoppel effect only to his possession admission.
- Smith fled after the stop, was chased and subdued; he alleges excessive force by Troopers Filli, Jordan, and Officer Esposito during tackle, handcuffing, and after handcuffing (including permanent right-eye impairment).
- Procedural posture: summary judgment motions—Riley granted (dismissed); State Defendants (Filli, Jordan, Esposito) denied; Town Defendants (Sawyer, Esposito) granted in part and denied in part. Claims proceeding to trial: Gordon v. Sawyer (excessive force) and Smith v. Filli/Esposito/Jordan (excessive force and failure to intervene).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral estoppel from Gordon's guilty plea | Gordon cannot later deny he possessed a firearm that night | Riley seeks to preclude contradicting plea facts | Court: Gordon collaterally estopped from denying possession of the .38, but plea admissions not dispositive on all contextual facts |
| Sawyer's use of deadly force against Gordon | Gordon says he remained stopped/compliant and Sawyer's account that Gordon raised a gun is disputed | Sawyer says he saw Gordon draw a revolver and fired reasonably; seeks qualified immunity | Court: genuine factual dispute whether Sawyer had probable cause to use deadly force; summary judgment denied and qualified immunity denied |
| Riley's use of deadly force against Gordon | Plaintiffs: only Sawyer saw Gordon with a gun; Riley did not see gun and so could not reasonably shoot | Riley: heard Sawyer shout "gun," heard Sawyer fire, perceived threat and reasonably fired; claims qualified immunity | Court: Riley's use of deadly force was objectively reasonable under the circumstances and he is entitled to qualified immunity; Riley dismissed |
| Sawyer's failure-to-intervene re: Riley shooting Gordon | Plaintiffs: Sawyer could have warned or signaled to prevent Riley's shooting | Sawyer: shot occurred within seconds; no realistic opportunity to intervene | Court: no realistic opportunity to intervene given ~2 second interval; failure-to-intervene claim dismissed against Sawyer |
| Excessive force on Smith (tackle, handcuffing, post-handcuff) | Smith says he was punched/kicked repeatedly, suffered lasting eye injury and PTSD; disputes about which officers struck him | State Defendants: force was necessary to apprehend a fleeing suspect; some defendants argue Smith cannot identify who struck him and injuries were minor | Court: material factual disputes (extent/timing of force, injuries, opportunity to intervene) preclude summary judgment; qualified immunity denied at this stage; claims against Filli, Jordan, Esposito proceed |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment: genuine issue test)
- Graham v. Connor, 490 U.S. 386 (objective-reasonableness test for excessive force)
- Tennessee v. Garner, 471 U.S. 1 (deadly force standard)
- Jones v. Parmley, 465 F.3d 46 (2d Cir. 2006) (assess force from reasonable officer's perspective)
- Tracy v. Freshwater, 623 F.3d 90 (2d Cir. 2010) (Graham factors application)
- Tolan v. Cotton, 572 U.S. 650 (disputes of fact and summary judgment in excessive force cases)
- D.C. v. Wesby, 138 S. Ct. 577 (clearly established law for qualified immunity)
- White v. Pauly, 137 S. Ct. 548 (deference to reasonable assumptions about prior steps taken by other officers)
- Figueroa v. Mazza, 825 F.3d 89 (2d Cir. 2016) (duty to intercede analysis)