120 A.D.3d 572
N.Y. App. Div.2014Background
- Plaintiff Torres files two related actions under 42 USC § 1983 alleging false arrest, false imprisonment, malicious prosecution, and constitutional violations against city/police officers and entities.
- Action No. 1 names City of New York and officers Santiago, Guerra, Hendriks; Action No. 2 names NYPD, Santiago, Guerra, Hendriks.
- Movants move for summary judgment in both actions, arguing probable cause and lack of Monell policy liability.
- Supreme Court/Queens County grants summary judgment to City in Action No. 1 and to NYPD movants in Action No. 2; judgment dismisses remaining claims.
- Appellate Division affirms the dismissal of the complaints as to the movants; appeal from August 9, 2012 order dismissed as to that order.
- Court relies on probable cause for arrest and presumption of probable cause from grand jury indictment to bar malicious prosecution and §1983 claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported arrest and related §1983 claims | Torres contends lack of probable cause and ongoing civil rights violations. | Movants assert probable cause and no improper purpose. | Probable cause supported dismissal of claims. |
| Effect of grand jury indictment on malicious prosecution claim | Indictment does not foreclose rebuttal evidence of misconduct. | Indictment creates presumption of probable cause for prosecution. | Indictment created presumption of probable cause, defeating mal-prosecution claim. |
| Whether §1983 claims against individual movants survive | Alleges unconstitutional seizure and rights violations by officers. | Arrest/prosecution supported by probable cause; no triable issue of malice. | Dismissed due to probable cause and lack of malice. |
| Monell municipal liability against City and NYPD | There existed a policy/custom causing rights violations. | Plaintiff offered no evidence of policy or custom; conclusory expert opinion insufficient. | Dismissed for lack of policy or custom showing. |
Key Cases Cited
- Monell v. City of New York Dept. of Social Servs., 436 U.S. 658 (U.S. Supreme Court 1978) (establishes municipal liability requiring policy or custom)
- Rodgers v City of New York, 106 AD3d 1068 (2d Dept 2013) (presumption of probable cause; challenges to malicious prosecution)
- Nardelli v Stamberg, 44 NY2d 500 (Court of Appeals 1978) (malice defined for malicious prosecution actions)
- Harris v State of New York, 302 AD2d 716 (2d Dept 2003) (requirements to show police misconduct (fraud/perjury/suppression))
- MacDonald v Town of Greenburgh, 112 AD3d 586 (2d Dept 2013) (probable cause standard for dismissal of false arrest claims)
- Chetrick v Cohen, 52 AD3d 449 (2d Dept 2008) (triable issues insufficient where undisputed probable cause)
- Pendleton v City of New York, 44 AD3d 733 (2d Dept 2010) (police practices and municipal liability analysis)
- Brogdon v City of New Rochelle, 200 F Supp 2d 411 (S.D.N.Y. 2002) (evidence of policy or custom required for Monell claims)