Rodriguez v. Village of Ossining

918 F. Supp. 2d 230, 2013 WL 154334, 2013 U.S. Dist. LEXIS 5952
CourtDistrict Court, S.D. New York
DecidedJanuary 14, 2013
DocketNo. 10-CV-3814 (CS)
StatusPublished
Cited by12 cases

This text of 918 F. Supp. 2d 230 (Rodriguez v. Village of Ossining) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Village of Ossining, 918 F. Supp. 2d 230, 2013 WL 154334, 2013 U.S. Dist. LEXIS 5952 (S.D.N.Y. 2013).

Opinion

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court are the Motions for Summary Judgment of Defendants Village of Ossining, Village of Ossining Police Department, Police Chief Joseph Burton, Police Officer James Drohan, and John Does 1-10 (the “Ossining Defendants”), (Doc. 52),1 and Village of Croton-on-Hudson, Village of Croton-on-Hudson Police Department, and Police Officer John Smith (the “Croton Defendants”), (Doc. 58).2 For the following reasons, Defendants’ Motions are GRANTED.

I. Background

A. Factual Background,

As a preliminary matter, the Court’s task of determining the undisputed facts in [234]*234this case was rendered more difficult because Plaintiff failed to submit a response to Defendants’ statements of fact pursuant to Local Civil Rule 56.1, as she is required to do. See Local Civ. R. 56.1(b). Accordingly, the facts set forth below are drawn from Plaintiffs and Defendants’ Local Civil Rule 56.1 statements, and I have noted where I believe there might be disputes as to the material facts.

This case arises from an incident that occurred on October 9, 2008. On that date, Plaintiff, who was approximately twelve weeks pregnant at the time, and her then-boyfriend (now husband) Donte Higgs were at a Dunkin’ Donuts in Croton-on-Hudson, New York. (P’s 56.1 ¶ 2; Minter Decl. Ex. B.)3 Defendant James Drohan, an Ossining police officer, was also at the Dunkin’ Donuts. (Croton 56.1 ¶ 3.)4 Drohan was off duty at the time, but he recognized Plaintiff as the subject of outstanding arrest warrants and stepped outside the store to verify the warrants.5 (Id. ¶¶ 3-4; Randazzo Decl. Ex. E.) Plaintiff left the Dunkin’ Donuts, walked to a car, entered on the passenger side, and sat down. (P’s 56.1 ¶ 4.) Drohan approached the car and asked Plaintiff to get out. (Id. ¶ 5; Ossining 56.1 ¶ 3.)6 Plaintiff complied, and according to Plaintiffs testimony, after she got out of the car, Drohan identified himself as a police officer, told Plaintiff about the bench warrants, and instructed her to put her hands behind her back. (Randazzo Decl. Ex. C, at 28-30.) Also according to Plaintiff, she put her hands behind her back “for a second,” but Drohan then got on the phone to call for back-up, so Plaintiff got back in the car, leaving the door open. (Id. at 31-32; P’s 56.1 ¶ 6.) According to Drohan, he told Plaintiff repeatedly to stay or get out of the car, (Randazzo Decl. Ex. E),7 and when she refused to comply, Drohan reached into the car and grabbed Plaintiffs jacket in an attempt to get her out of the car to arrest her. (Croton 56.1 ¶ 6; P’s 56.1 ¶ 7; Ossining 56.1 ¶ 5.) According to Plaintiff, Higgs told Drohan to let go of her: “[Wjhat are you doing? She’s pregnant. She’s a female. What’s wrong with you?” (Randazzo Decl. Ex. C, at 32.) Higgs then got out of the car and “got in [Drohan’s] face,” and Drohan, still on the phone, continued to request back-up. (Id.) Higgs then got back in the car, and Drohan again grabbed Plaintiff and in so doing, scratched her and ripped her jacket. (Id.; P’s 56.1 ¶ 7.) Plaintiff continued to refuse to get out of the car and grabbed onto Higgs for leverage. (Ossining 56.1 ¶7.) Higgs began to operate the vehicle [235]*235and move it back and forth in an attempt to get Drohan away from Plaintiff. (P’s 56.1 ¶ 8; Ossining 56.1 ¶ 6; Croton 56.1 ¶ 7.)

At that point, two uniformed police officers (including Defendant Smith) from the Village of Croton-on-Hudson arrived in marked police cars. (Croton 56.1 ¶¶ 8-9.) They asked Plaintiff to exit the vehicle and when she complied, according to Plaintiff, the officers “grabbed [P]laintiff, picked her up by both arms and threw her against the car,” then handcuffed her and arrested her and Higgs. (P’s 56.1 ¶¶ 10-11.) It was not until after Plaintiff was thrown against the car that she told the Croton-on-Hudson officers that she was pregnant. (Randazzo Decl. Ex. C, at 41-42,104-05.)

Plaintiff was taken to the Croton-onHudson Police Department and alleges that on the way, she began complaining about her stomach hurting. (Croton 56.1 ¶ 12; P’s 56.1 ¶ 10.) She was charged with resisting arrest,8 and after about forty-five minutes, she was taken to the Ossining police department for processing. (P’s 56.1 ¶ 11; Croton 56.1 ¶ 13.) Plaintiff told officers at the Ossining police department that she was cold, dizzy, and bleeding, and within twenty minutes, they made arrangements for her to be transported to Phelps Memorial Hospital. (P’s 56.1 ¶ 12; Ossining 56.1 ¶ 11.)

■ Plaintiff claims that the actions of Defendants during the incident in question caused her to have. a miscarriage. (AC ¶ 34.)9 In support of this allegation, Plaintiff submitted medical records from October 9-40, 2008, following her arrest. Her ultrasound report indicates “[n]o fetal cardiac motion detected” and that the findings were “comparable with fetal demise.” (Minter Decl. Ex. A.) On the medical intake questionnaire, however, Plaintiff checked that she had not been injured recently and had no injuries at that time. (Id. Ex. B.) Defendants point out that Plaintiff has submitted no medical testimony connecting her miscarriage with the events surrounding her arrest, and that Plaintiff concedes that her prenatal care provider was unable to detect the fetus’ heartbeat before her arrest. (See Croton Reply Mem. 1-2; Ossining Supp. Mem. 2-3; Walsh Aff. Ex. D.)10

B. Procedural History

Plaintiff filed her Complaint in “this action on May 10, 2010. (Doc. 1.) By letter dated July 27, 2010, the County of Westchester and County of Westchester Corrections Department — originally Defendants in this action — requested a premotion conference in anticipation of filing a motion to dismiss, (Doc. 11.) At the premotion conference on September 10, 2010, I granted Plaintiff leave to amend her Complaint and set a briefing schedule for [236]*236the motion to dismiss. (Minute Entry Sept. 10, 2010.) Plaintiff filed her AC on October 15, 2010, (Doc. 26), asserting against the Ossining and Croton Defendants excessive force and false arrest and imprisonment claims11 pursuant to the Fourth and Fourteenth Amendments to the U.S. Constitution under 42 U.S.C. § 1983 (“Section 1983”), and state-law claims of assault, battery, and negligence.12 (See P’s Mem. 3; Croton Mem. i-ii; Ossining Mem. 2.)13 Plaintiffs claims against the Village of Ossining and Village of Croton-on-Hudson appear to be predicated on theories of deliberate indifference and failure to train or supervise.

On July 29, 2011, I granted the County of Westchester and County of Westchester Corrections Department’s Motion and dismissed them as Defendants.14 (Minute Entry July 29, 2011.) On May 9, 2012, the Ossining Defendants and Croton Defendants moved for summary judgment as to all claims. (Docs. 52, 58.)

II. Discussion

A. Summary Judgment Standard

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Bluebook (online)
918 F. Supp. 2d 230, 2013 WL 154334, 2013 U.S. Dist. LEXIS 5952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-village-of-ossining-nysd-2013.