843 F. Supp. 2d 446
S.D.N.Y.2012Background
- Plaintiff Tsesarskaya alleges Fourth, Fifth, and Fourteenth Amendment violations and state-law claims against the City of New York and officers Coll, Mulcahy, and McGuiness concerning a 2010 incident at her apartment.
- Two Italian women sought to recover their bags; after a dispute they called police, and ESU was summoned.
- Police attempted to access the apartment for about 30 minutes; Tsesarskaya eventually opened the door and was handcuffed.
- She was transported to Bellevue Hospital Center for a psychiatric evaluation and released around 2:30 a.m.
- The court denies partial summary judgment on false arrest/false imprisonment and Monell claims, but grants it on state-law negligent hiring/training/supervision/retention.
- The summary-judgment posture involves competing versions of events, including entry into the apartment and the alleged threat/behavior by Tsesarskaya.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MH L 9.41 privilege defeats false arrest claims | Tsesarskaya claims no privilege; facts disputed | Defendants rely on MH L 9.41 to privilege seizure | Issue for jury; MH 9.41 not resolved on summary judgment |
| Whether there was probable cause to arrest for petit larceny | No probable cause; she withheld bags only briefly and intended to return them | Statements and circumstances support probable cause | Disputed fact issue; not resolved on summary judgment |
| Whether defendants had arguable probable cause for qualified immunity | Arrest lacked probable cause; not all facts undisputed | Arguable probable cause could exist; disputed facts remain | Qualified immunity denied at summary judgment due to disputed facts; trial warranted |
| Monell claim for municipal liability | Pattern/custom of disregarding warrants and EDPh practices | No proof of policy or widespread practice | Monell claim survives summary judgment; trial on policy/custom disputes allowed |
| Personal involvement of Coll and Mulcahy in involuntary hospitalization | Seizure/transfer foreseeably caused hospitalization | Not personally involved; liability argued via foreseeability | Denied summary judgment; jury could find foreseeability and causation |
Key Cases Cited
- Weyant v. Okst, 101 F.3d 852 (2d Cir.1996) (probable cause and false arrest standard in NY)
- Jaegly v. Couch, 439 F.3d 149 (2d Cir.2006) (probable cause as a defense to false arrest)
- Jocks v. Tavernier, 316 F.3d 128 (2d Cir.2003) (probable cause and false arrest standards in NY)