Ali v. Connick

136 F. Supp. 3d 270, 2015 U.S. Dist. LEXIS 130329, 2015 WL 5693677
CourtDistrict Court, E.D. New York
DecidedSeptember 28, 2015
DocketNo. 11-CV-5297 (NGG)(CVMS)
StatusPublished
Cited by65 cases

This text of 136 F. Supp. 3d 270 (Ali v. Connick) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ali v. Connick, 136 F. Supp. 3d 270, 2015 U.S. Dist. LEXIS 130329, 2015 WL 5693677 (E.D.N.Y. 2015).

Opinion

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

Plaintiff Imran Ali brings this action against two employees of the New York City Police Department (NYPD), Police Officer William Connick (“Connick”) and Sergeant Donald Kipp (“Kipp”). Pursuant to 42 U.S.C. §§ 1983 and 1985, he asserts claims of excessive force (against Kipp only), violation of his equal protection rights under the Fourteenth Amendment (against both Defendants), and conspiracy (against both Defendants). (See Am. Compl. (Dkt. 7) ¶ 7.) Before the court is Defendants’ motion for partial' summary judgment. (Not. of Mot. for Partial Summ. J. (Dkt. 37).) For the reasons discussed below, Defendants’ fnotion is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND

A. Factual Background

Except as otherwise noted, the following facts are undisputed. Where facts are in dispute, the court credits the facts as stated in Plaintiffs deposition transcript or affidavit, and/or in the light most favorable to Plaintiff. The court has not considered facts introduced by the parties that are not material to Plaintiffs claims.

On the morning of July 17, 2009, Plaintiff was involved in a car accident when his car struck a parked qar at the corner of 142 Street and Lakewood Avenue in Queens.. (Defs.’ Statement of Undisputed Material Facts Pursuant to- Local. Civil Rule 56.1 (“Defs.’ 56.1”) (Dkt. 38) ,¶ 1; Pl.’s Rule 56.1 Statement (“PL’s 56.1”) (Dkt. 41) at 2.)1 Defendant Connick arrived shortly thereafter and placed Plaintiff under arrest at 4:54 a.m. for driving while intoxicated. (Defs.’ 56.1 ¶ 1; PL’s 56.1 at 1.) Two other officers, Officers Sessa and Heer-brandt, arrived in a cage car to drive Plaintiff to the 103rd Precinct. (Defs.’ 56.1 ¶ 8; PL’s 56.1 at 3:) Connick remained at the scene of the accident to complete an accident investigation while Plaintiff was transported to the precinct. (Defs.’ 56.1 ¶ 8; PL’s 56.1 at 3-4.)

[274]*274Once at the precinct, Plaintiff was brought to a desk where Defendant Kipp was located, and he was asked pedigree information. (Defs.’ 56.1 ¶ 10; PL’s 56.1 at 4.) Plaintiff claims that Kipp “became belligerent and started going crazy ... after we exchanged words.” (Pl.’s 56.1 ¶ 4; Tr. of Oct. 9, 2012, and Jan. 23, 2013, Dep. of Imran Ali (“Pl.Dep.”) (Decl. of Kevin L. Mosley (“Mosley Decl.”) (Dkt. 42), Ex. B (Dkt. 42-2)) at 205:12.) Plaintiff further claims that he was then '“brought, dragged, pushed” into a holding cell by Kipp. (Pl.’s 56.1 ¶ 5; Pl. Dep. at 207:2-7.) According to Plaintiff, Kipp then drove Plaintiff’s head into the wall three or four times. (PL’s 56.1 116;- Pl. Dep. at 220:23-25.) During this time, Plaintiff alleges that Kipp and possibly .other officers directed ethnic slurs at him. (PL’s 56.1 ¶7; PL Dep. at 239:23-240:19.) Plaintiff cannot recall the words that were used, but he has testified that they were about “my race and stuff, religion, stuff like that.” (Defs.’ 561 ¶ 13; Pl.’s56.1 at 4; PL Dep. at 240:1-2.) Plaintiff further claims that Kipp directed these slurs at him while slamming Plaintiffs head into the cell gate and wall, until Plaintiff passed out from his injuries. (Pl.’s 56.1 ¶117-8; PL Dep. at 240:23-241:2, 236.) 'When asked what was said to him specifically, -Plaintiff testified: “I can’t ... really remember off the top of my head, but I remember some nature of disrespect. I believe they were trying to say I was a drug dealer, too, because I was 21 years old and I was driving a BMW,” (Defs.’ 56.1 ¶ 14; PL Dep. at 240:4-7) and “I know he was saying some kind of slurs about Muslim and this and that. I can’t get the exact words, but it was something to that nature,” (Defs.’ 56.1 ¶ 14; Pl. Dep. at 240:10-12; see also Pl.’s 56.1 at 4-5.)

Emergency services were contacted and Plaintiff was transported to Queens Hospital Center. (Defs.’ 56.1 ¶1$;' PL’s 56.1 ¶ 8.) Connick and Kipp signed a document labeled “Medical Treatment of Prisoner,” stating that “defendant did bang his head into the cell numerous times causing a laceration to his head.” (Pl.’s 56.-1 ¶ 12; Medical Treatment of Prisoner (Mosley Decl., Ex. C (Dkt. 42-3)).) Plaintiff claims that he needed multiple staples on the top of his head and stitches in his face as a result of his head injuries. (PL’s 56,1 ¶ 9; see also Photograph of. PL’s Injuries (Mosley Decl., Ex. H (Dkt. 42-8)); July 17, 2009, Police Dept. Memo from Desk Officer (Mosley Deck, Ex, J (Dkt, 42-10)) ¶3.)

B. Procedural History

On February 13, 2012, Plaintiff filed his Amended Complaint in which he asserted claims pursuant to 42 U.S.C. §§ 1983,1985 and 1988, as well as under state law, alleging excessive force, false arrest, assault and battery, negligence, deliberate indifference to medical needs, federal conspiracy, and violation of his civil rights under the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution. (Am.Compl.) In addition to Connick and .Kipp, Plaintiff named as Defendants the City of New York (the “City”) and the NYPD. (Id.) On January 29, 2014, following the completion- of discovery, Plaintiff voluntarily withdrew all claims against the City and the NYPD, all state law claims (against all Defendants), the § 1983 false arrest claim (against all Defendants), and the claim for excessive force (against Con-nick only). (See Stipulation of Partial Voluntary Dismissal and Continuance (“Stipulation”) (Dkt. 34).)

Before the court is Defendants’ motion for partial summary judgment on Plaintiffs equal protection and conspiracy claims. (Not. of Mot. for Partial Summ. J.) Defendants have not moved for summary judgment on Plaintiff’s excessive force-claim. (Id.)

[275]*275II. LEGAL STANDARDS

A. Summary Judgment

Summary judgment must be granted when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A fact is material if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S, 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). No genuine dispute of material fact exists if “the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In evaluating a motion for summary judgment, the court “is required to construe the evidence in the light most favorable to the non-moving party and to draw all reasonable inferences in its favor.” Trammell v. Keane, 338 F.3d 155, 161 (2d Cir.2003); see also Anderson, 477 U.S. at 255, 106 S.Ct. 2505 (“The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.”).

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136 F. Supp. 3d 270, 2015 U.S. Dist. LEXIS 130329, 2015 WL 5693677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ali-v-connick-nyed-2015.