Slip Opinion
E.D.N.Y.2018Background
- On July 29, 2012, NYPD Officers James Trapasso and Kenneth Greene stopped George Wright for a headlight violation; a confrontation followed after Wright remained in his car and vocally complained.
- Greene approached the driver side, attempted to open the door, swung a baton (missed), then immediately deployed pepper spray at Wright, who moved to the passenger side and banged his knee on the center console; Trapasso removed and handcuffed Wright.
- Wright requested medical attention for pepper spray effects and knee pain multiple times while in custody; he received water and napkins at booking and sought urgent care days later for knee inflammation.
- Wright was arraigned on several misdemeanors/violations, proceeded to a bench trial the next year, was convicted of disorderly conduct (time served), and did not pursue his appeal.
- Wright sued under 42 U.S.C. § 1983 alleging: (1) excessive force by Greene, (2) failure to intervene by Trapasso, (3) fabricated evidence/denial of fair trial by Greene, and (4) denial of medical treatment by both officers. Defendants moved for summary judgment; the court granted the motion in part and denied it in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (Greene) | Greene used unjustified force: baton swing, pepper spray, and strike to back; not threatening | Force was objectively reasonable given circumstances | Denied summary judgment — triable issue as to pepper spray and force |
| Failure to intervene (Trapasso) | Trapasso saw Greene’s conduct and failed to intercede or report | Trapasso was in the patrol car and lacked realistic opportunity to intervene | Granted summary judgment for Trapasso — no realistic opportunity shown |
| Denial of medical care (both) | Officers ignored requests for treatment for pepper spray and knee injury | Injuries were not objectively serious; plaintiff declined ambulance to avoid delay | Granted summary judgment for defendants — medical conditions not sufficiently serious |
| Fabrication / denial of fair trial (Greene) | Greene fabricated statements (threats/assault) and forwarded them to prosecutors causing liberty deprivation | No evidence beyond plaintiff’s testimony; no deprivation caused by fabrication | Denied summary judgment — material dispute on falsity and plaintiff showed deprivation (multiple post-arraignment proceedings) |
Key Cases Cited
- Tracy v. Freshwater, 623 F.3d 90 (2d Cir. 2010) (Fourth Amendment excessive-force objective-reasonableness test)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (use-of-force must be judged under objective reasonableness)
- Anderson v. Liberty Lobby, 477 U.S. 242 (U.S. 1986) (summary judgment standard re: genuine disputes)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (qualified immunity and clearly established rights inquiry)
- Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017) (pretrial detainee medical/due process standard)
- Garnett v. Undercover Officer C0039, 838 F.3d 265 (2d Cir. 2016) (fabrication-of-evidence fair-trial claim elements)
- Swartz v. Insogna, 704 F.3d 105 (2d Cir. 2013) (qualified immunity: objectively reasonable belief analysis)