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Slip Opinion
E.D.N.Y.
2018
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Background

  • 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)
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Case Details

Case Name: Wright v. Trapasso
Court Name: District Court, E.D. New York
Date Published: Sep 28, 2018
Citations: 2018 WL 4688940; 1:15-cv-04428
Docket Number: 1:15-cv-04428
Court Abbreviation: E.D.N.Y.
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