Gomez v. City of New York

185 F. Supp. 3d 299, 2016 U.S. Dist. LEXIS 59868, 2016 WL 2591883
CourtDistrict Court, E.D. New York
DecidedMay 5, 2016
Docket14-CV-2621 (ILG) (CLP)
StatusPublished
Cited by3 cases

This text of 185 F. Supp. 3d 299 (Gomez v. City of New York) 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
Gomez v. City of New York, 185 F. Supp. 3d 299, 2016 U.S. Dist. LEXIS 59868, 2016 WL 2591883 (E.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

GLASSER, Senior United States District Judge

Juan Gomez was arrested and charged with leaving the scene of a car accident. After that charge was dismissed, Gomez brought this action against the City of New York and three police officers — Anthony Croce, Elizabeth Delarosa, and Christopher Canavan — (“Defendants”), alleging false arrest, malicious prosecution, and denial of a fair trial in violation of 42 U.S.C. § 1983 and state law. Before the Court are Defendants’ motion for summary judgment and Gomez’s cross-motion for partial summary judgment. For the reasons given below, both motions are GRANTED in part and DENIED in part.

1 BACKGROUND

In February 2012, Officer Croce responded a hit-and-run reported by David and Lisa Varley (“complainants”). See Def.’s 56.1 Stm., Dkt. 22, ¶¶4-8. The complainants gave Croce a license plate number, but did not describe the car or its driver. See id,., ¶¶ 9-10; Pl.’s 56.1 Stm., Dkt. 25, ¶¶ 6-7. Later, during an interview with Detective Delarosa, David Varley stated that the driver was an unknown Hispanic male with the license plate number that was memorialized in Croce’s accident report. See Def.’s 56.1 Stm. ¶¶20-23; Delarosa Dep., Dkt. 21-9, at 37-39.

After learning that the license plate was associated with a car registered to Gomez, Delarosa contacted Gomez, who volunteered to come to the police precinct. See Def.’s 56.1 Stm., ¶¶25, 28, 33. When he arrived, Gomez was brought to an interrogation room. See id., ¶ 35.

The parties dispute what happened next. Delarosa claims that Gomez confessed involvement in the hit-and-run. See Delaro-sa Dep. at 23-24. But Gomez insists that he did not confess. See Gomez Dep., Dkt. 21-16, at 40, 53. In any event, Delarosa, with Officer Canavan’s approval, arrested Gomez and issued a desk appearance ticket. See Def.’s 56,1 Stm., ¶¶ 41-43. During [301]*301his deposition, Delarosa testified that but for the alleged confession she would not have had cause for the arrest. See PL’s 56.1Stm., ¶ 17.

Delarosa later swore in a criminal complaint that she was “informed by the complainant” that “Juan J. Gomez, was operating his motor vehicle and rearend[ed] the complainant’s vehicle” and was “further informed by the complainant that she observed the defendant leave said location without first stopping.” Crim. Compl., Dkt. 21-13. During her deposition, however, Delarosa conceded that the complainants never identified Gomez. Nee Delarosa Dep. at 44.

As a result of the criminal complaint, Gomez was charged with leaving the scene of an incident without reporting, in violation of New York Vehicle and Traffic Law § 600(l)(a). The prosecution required multiple court appearances over the course of two years before the charge was dismissed on speedy trial grounds. See Pl.’s 56.1Stm., ¶ 26-27.

Gomez commenced this action on April 25, 2014, alleging false arrest, malicious prosecution, and denial of his right to a fair trial, in violation of 42 U.S.C. § 1983 and state law. See Compl., Dkt. 1. After discovery, Defendants moved for summary judgment, but did not file a memorandum of law or any legal argument in support of the motion. See Dkts. 20-22. Gomez opposed the motion and cross-moved for summary judgment on the false-arrest and fair-trial claims. See Dkts. 23-26. Defendants have not responded to Gomez’s cross-motion.

2 LEGAL STANDARD

Summary judgment is appropriate “if the movant shows that 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(a). “An issue of fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Fincher v. Depository Trust & Clearing Corp., 604 F.3d 712, 720 (2d Cir.2010) (citations and quotation omitted). “A fact is material if it might affect the outcome of the suit under the governing law.” Id. The Court must “construe the facts in the light most favorable to the nonmoving party” and “resolve all ambiguities and draw all reasonable inferences against the movant.” Brod v. Omya, Inc., 653 F.3d 156, 164 (2d Cir.2011).

Local Civil Rule 7.1(a) provides that “all motions shall include ... [aj memorandum of law, setting forth the cases and other authorities relied upon in support of the motion.... ” When a moving party violates that rule, “the Court may deny the motion” without reaching the merits, “though it is not required to do so.” Cardoza v. Mango King Farmers Mkt. Corp., 2015 WL 5561033, at *2 n. 4 (E.D.N.Y. Sept. 1, 2015), report and recommendation adopted, 2015 WL 5561180 (E.D.N.Y. Sept. 21, 2015); see also Cea v. Access 23 TV, 2015 WL 5474070, at *1 (S.D.N.Y. Sept. 15, 2015). When a non-moving party fails to file opposition papers, however, “the district court may not grant the motion without first examining the moving party’s submission to determine if it has met its burden of demonstrating that no material issue of fact remains for trial.” Vermont Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir.2004) (citation omitted).

3 DISCUSSION

3.1Defendants’ Motion for Summary Judgment

As noted above, while Defendants have moved for summary judgment on all claims, they have- failed to present, in a [302]*302memorandum of law or otherwise, any arguments in support of their motion. For this reason, the motion is denied, except as to claims against Croce.

Croce is entitled to summary judgment because there is no suggestion that he was personally involved in the alleged constitutional violations: he simply responded to the accident and collected information, which he memorialized in a report. See Black v. Coughlin, 76 F.3d 72, 74 (2d Cir.1996) (§ 1983 requires “direct participation, or failure to remedy the alleged wrong after learning of it, or creation of a policy or custom under which unconstitutional practices occurred, or gross negligence in managing subordinates”).

Therefore, Defendants’ motion for summary judgment is granted as to Croce, and denied as to Delarosa, Canavan, and the City of New York.

3.2 Plaintiffs Cross-Motion for Partial Summary Judgment

3.2.1 False Arrest

Gomez’s false-arrest claim stems from his Fourth Amendment right to be free from unreasonable seizures. See Jaegly v. Couch, 439 F.3d 149, 151 (2d Cir.2006). Probable cause, which justifies a seizure, is a complete defense. Gonzalez v. City of Schenectady, 728 F.3d 149, 155 (2d Cir.2013);

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Bluebook (online)
185 F. Supp. 3d 299, 2016 U.S. Dist. LEXIS 59868, 2016 WL 2591883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-city-of-new-york-nyed-2016.