Peterson-Hagendorf v. City of New York

146 F. Supp. 3d 483, 2015 U.S. Dist. LEXIS 160562, 2015 WL 7730930
District Court, E.D. New York·Decided November 30, 2015·No. 13 Civ. 1202 (ILG) (RML)·Published·Cited by 1 cases

Opinion

MEMORANDUM AND ORDER

GLASSER, Senior United States District Judge:

Plaintiff Grace Peterson-Hagendorf brings this suit, pursuant to 42 U.S.C. § 1983, the Fourth and Fourteenth Amendments of the United States Constitution, and New York law, against the City of New York, the Department of Education, a New York Police Department officer, and several supervisors at a public school in Queens where she was arrested for assaulting a student. Pending before the Court is Defendants’ motion for summary judgment on all claims. For the reasons described below, that motion is GRANTED.

[485] BACKGROUND

On the morning of March 7, 2012, Plaintiff was assigned to substitute teach a first grade class at P.S. 22 while its permanent teacher, Jennifer O’Brien, attended a meeting. During her lesson, Plaintiff physically interacted with F.S.,1 one of the students in the class. The parties dispute the exact manner in which she interacted with F.S. and the reason why she did so. But the fact of the interaction is undisputed.

At the end of that lesson, O’Brien returned to the classroom and relieved the Plaintiff. O’Brien noticed that F.S. was crying and asked her why. F.S. motioned to her neck, and then to the door through which Plaintiff had just left. O’Brien saw a red, swollen welt on F.S.’s neck. Another student in the class stated that the Plaintiff had hurt F.S. O’Brien then alerted the school’s Assistant Principal, Jennifer Meyer.

Meyer took F.S. out of the classroom and spoke to her in private. Though English 'is not her first language, F.S. was able to communicate that the Plaintiff had hurt her, and again pointed to her neck. Meyer also noted a welt on F.S.’s neck.

Meyer sent F.S. to the school nurse and set out to investigate the incident. She summoned four students from the class who sát near F.S. She interviewed them individually and recorded the conversations. Though they Used different verbs— “pushed,” “touched,” and “moved” — each of the children confirmed that the Plaintiff had physically interacted with F.S. during the lesson. Meyer then called 911 and reported the incident. She also alerted F.S.’s,mother.

Meanwhile, Plaintiff, who was called to Meyer’s office from her second period class, consulted the school’s union representative. The district union representative soon arrived to further advise her.

Polióe Officer" Troy Burchard and his partner responded to Meyer’s 911 call, as did E.M.T. technicians. Burchard spoke to Meyer, who related her conversation with FiS.- and the other student witnesses. He also spoke to F.S. directly and saw the red mark on her neck. Finally, Burchard spoke with F.S.’s mother, who stated that she wanted to press charges against Plaintiff.

Officer Burchard arrested Plaintiff for assault in the second degree; in violation of N.Y.' Penal Law § 120.05, and endangering the welfare of a child, in violation of -N.Y. Penal Law § 260.10. Plaintiff was taken to the 109th Precinct and held until her arraignment, about 24 hours later. She ultimately agreed to an Adjournment in Contemplation of Dismissal, pursuant to N.Y. Crim. Proc. Law § 170.55, which would expire nine months later.

On the same day as Plaintiffs arrest, Meyer contacted the Department of Education’s Office of Special Investigations, which initiated its own investigation. That investigation comprised additional interviews of F.S. and the student witnesses, and a review of Meyer’s notes. While the district investigation was ongoing and her criminal charges pending, a “problem code” was placed next to Plaintiffs name in the directory of substitute teachers. The code rendered her ineligible to substitute at district schools.

The Office of Special Investigation’s case concluded on December 5, 2012 with a determination that F.S.’s complaint was [486] “substantiated for poor judgment.” (Defs.’ Mot. for Summ. J, Ex. D at Def39, ECF No. 43-4.) Plaintiff returned to substitute teaching in January 2013 and filed this case three months later. She brings claims for, inter alia, false arrest, abuse of process, failure. to supervise, municipal (Monell) liability, and violations of due process. On December 1, 2014, Defendants moved for summary judgment.

DISCUSSION

A. Legal Standard

Summary judgment is appropriate only where “there is no genuine dispute as to any material fact[.]” .Fed. R. Civ. P. 56(a). A moving party is entitled to judgment as a matter of law if the nonmoving party has failed to make a.sufficient showing on an essential element of her case for which she has the burden of proof. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In other words, the nonmoving party must offer “concrete evidence from which a reasonable juror could return a verdict in h[er] favor.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

This Court must “construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against, the movant.” Brod v. Omya, Inc., 653 F.3d 156, 164 (2d Cir.2011) (quotation omitted). However, mere “conclusory allegations or denials ... cannot by themselves create a genuine issue of material fact where none would otherwise exist.” Hicks v. Baines, 593 F.3d 159, 166 (2d Cir.2010) (citation omitted).

B. Analysis

1. False Arrest

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Peterson-Hagendorf v. City of New York, 146 F. Supp. 3d 483, 2015 U.S. Dist. LEXIS 160562, 2015 WL 7730930 (E.D.N.Y. 2015).

146 F. Supp. 3d 483 (Peterson-Hagendorf v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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