Keenan v. Pav

CourtDistrict Court, E.D. New York
DecidedMarch 31, 2025
Docket2:21-cv-06928
StatusUnknown

This text of Keenan v. Pav (Keenan v. Pav) 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
Keenan v. Pav, (E.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------X MAUREEN KEENAN,

Plaintiff, MEMORANDUM & ORDER 21-CV-6928 (JS)(JMW)

-against-

MARK PAV, CHRISTOPHER LAROCCO, REBECCA MARCUS, MAUREEN MARCUS, and COUNTY OF SUFFOLK,

Defendants. --------------------------------X APPEARANCES For Plaintiff: Joshua B. Pepper, Esq. Law Office of Joshua Pepper, PLLC 30 Wall Street, 8th Floor New York, New York 10005

For Defendants Mark Stacy A. Skorupa, Esq. Pav, Christopher Suffolk County Department of Law LaRocco, and County H. Lee Dennison Building of Suffolk: 100 Veterans Memorial Highway Hauppauge, New York 11788

For Defendants Christopher P. Ring, Esq. Rebecca Marcus and Law Office of Christopher P. Ring Maureen Marcus: 737 Smithtown Bypass Smithtown, New York 11787

David Antwork, Esq. 1757 Merrick Avenue, Suite 205 Merrick, New York 11566

SEYBERT, District Judge:

On December 16, 2021, Plaintiff Maureen Keenan (“Plaintiff”) filed this 42 U.S.C. § 1983 (“§ 1983” or “Section 1983”) action against Defendants Mark Pav (“Pav”), Christopher Larocco (“Larocco”), and the County of Suffolk (“Suffolk County”), (collectively, the “Suffolk County Defendants”), as well as Rebecca Marcus, (“R. Marcus”) and Maureen Marcus (“M. Marcus”) (collectively, the “Marcus Defendants”, and together with the Suffolk County Defendants, “Defendants”).1 Plaintiff alleges Defendants violated her First and Fourteenth Amendment rights based upon her purported false arrest and malicious prosecution.

(See generally Am. Compl., ECF No. 11.) Plaintiff further alleges Defendants’ conduct violated several New York state laws. (Id.) Presently before the Court are the parties’ cross-motions for summary judgment, filed pursuant to Federal Rule of Civil Procedure (“Rule”) 56. (See Pl.’s Mot., ECF No. 43; Pl.’s Support Memo, ECF No. 44; County Defs’. Mot., ECF No. 48; County Defs’ Support Memo, ECF No. 48-2; Marcus Defs’ Mot., ECF No. 49; Marcus Defs’ Support Memo, ECF No. 49-6.) For the reasons that follow, the parties’ cross-motions are GRANTED IN PART AND DENIED IN PART.

1 For the avoidance of doubt, a reference to the “Suffolk County Defendants” is a reference to Pav, Larocco, and the County of Suffolk. A reference to the “Marcus Defendants” is a reference to R. Marcus and M. Marcus. A reference to “Defendants” is a reference to both the Suffolk County defendants and the Marcus Defendants. A reference to the “parties” is a reference to Plaintiff and Defendants. BACKGROUND2 I. The Parties Plaintiff and non-party Christopher Tangco (“Tangco”) have a child together who is approximately seven years old

2 The following facts are taken from the parties’ respective Local Rule 56.1 Statements (Pl.’s 56.1 Stmt, ECF No. 47; Suffolk County Defs.’ 56.1 Counterstmt., ECF No. 48-18; Marcus Defs.’ 56.1 Counterstmt., ECF No. 49-5), the parties’ respective replies and responses to such 56.1 Statements, and the declarations and exhibits submitted relative to the instant Motions. (See ECF Nos. 45-46, 48-49, 51-53, 55, 58.)

Unless otherwise noted, a standalone citation to a party’s Rule 56.1 statement throughout this Order means the Court has deemed the underlying factual assertion undisputed. Any citation to a Rule 56.1 statement incorporates by reference the documents cited within. Where relevant, however, the Court may also cite directly to an underlying document. The Court has deemed true undisputed facts averred in a party’s Rule 56.1 statement to which the opposing party cites no admissible evidence in rebuttal. See Steward v. Fashion Inst. of Tech., No. 18-CV-12297, 2020 WL 6712267, at *8 (S.D.N.Y. Nov. 16, 2020) (“[P]ursuant to Local Civil Rule 56.1 [the movant’s] statements are deemed to be admitted where [the non-moving party] has failed to specifically controvert them with citations to the record.” (quoting Knight v. N.Y.C. Hous. Auth., No. 03-CV-2746, 2007 WL 313435, at *1 (S.D.N.Y. Feb. 2, 2007))); Lumbermens Mut. Cas. Co. v. Dinow, No. 06-CV-3881, 2012 WL 4498827, at *2 n.2 (E.D.N.Y. Sept. 28, 2012) (“Local Rule 56.1 requires . . . that disputed facts be specifically controverted by admissible evidence. Mere denial of an opposing party’s statement or denial by general reference to an exhibit or affidavit does not specifically controvert anything.”). “Additionally, to the extent [a party’s] 56.1 statement ‘improperly interjects arguments and/or immaterial facts in response to facts asserted by [the opposing party] without specifically controverting those facts,’ the Court has disregarded [such] statement[s].” McFarlance v. Harry’s Nurses Registry, No. 17-CV-6360, 2020 WL 1643781, at *1 n.1 (E.D.N.Y. Apr. 2, 2020). (hereafter, “daughter”3). (Pl.’s 56.1 Stmt. ¶¶1-2; see also M. Marcus Dep. 11/18/22, ECF No. 46-4, at 15:4-10.) Plaintiff and Tangco previously had a romantic relationship that Plaintiff ended in 2015, prior to the birth of their child. (Pl.’s 56.1 Stmt. ¶2.) Since then, Plaintiff and Tangco have engaged in bitter disputes concerning child custody. (Id. at ¶3.) Plaintiff

believes Tangco has repeatedly tried to undermine her relationship with her daughter. (Id. ¶4.) Defendant M. Marcus is Plaintiff’s aunt. (M. Marcus Dep. 11/18/22, at 14:19-15:10.) Defendant R. Marcus is M. Marcus’ daughter and Plaintiff’s cousin. (M. Marcus Dep. 11/18/22, at 9:21-25). R. Marcus was an NYPD police officer from January 11, 2005 to January 2022. (Marcus Defs.’ 56.1 Stmt. ¶1.) Defendants Pav and LaRocco (hereafter, “Officer Pav” “Officer LaRocco” and collectively, “Officers”) are police officers in Suffolk County’s First Precinct. (Suffolk County 56.1 Stmt. ¶¶23-25) II. Relevant Facts and Events Occurring Prior to Plaintiff’s Arrest

At all relevant times, Plaintiff and Tangco shared custody of their daughter such that Tangco was permitted to see their daughter during agreed-upon visitation weekends. (Pl.’s

3 The Court may, at times, refer to Plaintiff and Tangco’s daughter as either “Plaintiff’s daughter” or “Tangco’s daughter” or “their daughter.” Each of these references shall refer to the daughter Plaintiff and Tangco share together. 56.1 Stmt. ¶¶7, 10.) During his visitation weekends, Tangco at least occasionally took his daughter to spend the weekend at M. Marcus’ house. (Id. at ¶7; Marcus Defs.’ 56.1 Counterstmt. ¶7.) Plaintiff understood that Tangco was obligated to inform Plaintiff of their daughter’s whereabouts during visitation weekends. (Keenan Dep. Tr., ECF No. 46-1, at 190:19-191:25; see also Keenan

Decl. Ex. 2, ECF No. 45-2 (family court order).) Additionally, pursuant to a family court order, both parents were to “ensure that [their daughter] call or Facetime the other parent one time per day at 7:20pm (for no more than 20 minutes) when she is with the parent for the weekend or other extended parenting time.” (Keenan Decl. Ex. 2.) Furthermore, “[their daughter] shall be permitted to call either parent whenever she desires.” (Id.) Tangco sometimes waited until the last minute to inform Plaintiff of his intention to take their daughter to visit M. Marcus during visitation weekends. (Pl 56.1 Stmt ¶9.) a. Plaintiff’s Contact with R. Marcus in November 2019

In November 2019 during Tangco’s visitation time with his daughter, Tangco took her out to dinner at a restaurant with the Marcus Defendants to celebrate M. Marcus’ Birthday. (R. Marcus Dep. Tr. 1/4/23, ECF No. 46-2, at 26:14-16.) During said dinner, Plaintiff texted R. Marcus asking for pictures of her daughter. (Id.

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Keenan v. Pav, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keenan-v-pav-nyed-2025.