Shamel Capers v. The City of New York, Daniel Gallagher, Anthony Faranda, Peter Galasso, and John/Jane Does 1–25

District Court, E.D. New York·Decided March 11, 2026·No. 1:24-cv-01219·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------x

SHAMEL CAPERS, MEMORANDUM AND ORDER 24-CV-1219 (RPK) (CLP) Plaintiff,

v.

THE CITY OF NEW YORK, DANIEL

GALLAGHER, ANTHONY FARANDA,

PETER GALASSO, and JOHN/JANE

DOES 1–25,

Defendants.

----------------------------------------------------x

RACHEL P. KOVNER, United States District Judge: Shamel Capers brings this action alleging that he was wrongfully convicted of a murder after law enforcement officers fabricated evidence against him and prosecutors from the Queens County District Attorney’s Office (“QCDAO”) failed to disclose exculpatory evidence. He sues three named police detectives as well as the City of New York. The City has moved to dismiss two of plaintiff’s claims against it: a claim for municipal liability under 42 U.S.C. § 1983 and a claim for negligence under state law. As explained below, the City’s motion is granted. BACKGROUND The following facts are taken from the amended complaint and are assumed true for purposes of this order. In May 2013, a fourteen-year-old girl named D’Aja Robinson was shot and killed while riding in a New York City bus. See Am. Compl. ¶ 1 (Dkt. #33). In the days after the murder, eyewitnesses identified Kevin McClinton as the shooter. See id. ¶ 2. Approximately two weeks after the shooting, McClinton was arrested in Cayce, South Carolina. See id. ¶ 3. McClinton claimed following his arrest that plaintiff had shot Robinson. See id. ¶ 48. Plaintiff’s central claims in this lawsuit are that individual defendants Daniel Gallagher, Anthony Faranda, and Peter Galasso—all detectives of the New York City Police Department

(“NYPD”)—caused the presentation of false evidence that plaintiff was involved in the shooting, including by telling witnesses what they should say about plaintiff’s role, see id. ¶¶ 12, 99, 113– 15, and by coercing plaintiff to say that he had fled to South Carolina along with McClinton, see id. ¶¶ 12, 15, 51, 86. Plaintiff alleges that these defendants and prosecutors from the QCDAO then failed—in violation of Brady v. Maryland, 373 U.S. 83 (1963)—to disclose exculpatory evidence in advance of the trial that led to plaintiff’s conviction for murder. Am. Compl. ¶¶ 12–13, 138, 139–89. Plaintiff alleges that all the individual defendants were acting within the scope of their employment and under the color of law when they committed the acts alleged in the complaint. Id. ¶ 23. With respect to his claims about the coaching of witnesses, plaintiff alleges that in April

2014, Lael Jappa, an associate of McClinton’s and an eyewitness at Robinson’s murder, was arrested on felony charges. See id. ¶ 56. Jappa met with prosecutors from the QCDAO and entered into a cooperation agreement “in exchange for significant leniency at his sentencing.” Ibid. “Other than two very short reports” describing Jappa identifying photographs of McClinton and plaintiff, “there are no notes or reports that document” what Jappa told the QCDAO about “Robinson’s murder or any other topic during” their meetings.” Id. ¶ 57. In May 2015, Jappa testified before the grand jury that indicted plaintiff for Robinson’s murder. Id. ¶ 60, 62. He testified that McClinton had introduced him to plaintiff at a community gathering the day of the murder near where the shooting occurred, that plaintiff was carrying a firearm at the time, and that he later saw plaintiff “shoot a gun in the direction of the bus.” Id. ¶ 62. Jappa also offered incriminating testimony at plaintiff’s trial, telling the jury that plaintiff “was acting suspicious” and that he “point[ed] a firearm toward the back of the bus.” Id. ¶¶ 76–80. During a subsequent investigation by the QCDAO Conviction Integrity Unit, Jappa stated

that the version of events to which he testified at trial had been provided to him by “one or more of [the] Individual Defendants” during his “meetings with the QCDAO.” Id. ¶ 99. He explained that one or more of those defendants “ma[de] clear that [he] needed to reiterate that version to secure a cooperation agreement.” Ibid. He also directed Conviction Integrity Unit investigators to recorded phone calls he had made to his mother while incarcerated. Id. ¶¶ 99–100. During those calls, which were in the possession of the QCDAO before and during plaintiff’s trial, Jappa described his cooperation with prosecutors as “based on lies.” Id. ¶¶ 99–101. Plaintiff alleges that Raquan Bryant also offered “[f]abricated [t]estimony” at his trial. Id. at 18. He alleges that in May 2015 and August 2015, Bryant met with prosecutors from the QCDAO. Id. ¶ 64. Like Jappa, Bryant faced multiple felony charges and entered into a

cooperation agreement in exchange for leniency at his sentencing. See ibid. Other than one report describing Bryant’s identification of a photograph of plaintiff, there “are no notes or reports documenting” what Bryant told the QCDAO during their meetings. Ibid. At plaintiff’s trial, Bryant corroborated Jappa’s testimony that plaintiff attended a community gathering with McClinton the day of the shooting and was carrying a firearm at the time. See id. ¶¶ 81–85. Plaintiff was convicted at trial. Id. ¶ 89. He was sentenced to a term of imprisonment of fifteen years to life. Id. ¶ 90. Plaintiff’s conviction was investigated by the QCDAO Conviction Integrity Unit and ultimately vacated. In addition to uncovering the evidence noted above that Jappa’s testimony had been fabricated, the Conviction Integrity Unit investigation identified other exculpatory evidence that had been in QCDAO’s possession prior to plaintiff’s conviction, but that had not been disclosed to plaintiff. This evidence included recorded phone calls McClinton placed in the days after his arrest in which he “directed an associate to tell others that they needed to falsely implicate”

plaintiff, id. ¶¶ 102–03, and Facebook messages written by Bryant that contradicted his trial testimony, see id. ¶¶ 104–07. At the request of the QCDAO and plaintiff’s attorneys, plaintiff’s conviction was vacated based on newly discovered evidence. Id. ¶ 7. Plaintiff alleges that the individual defendants’ misconduct was connected to the QCDAO policies in several ways. First, he alleges that the district attorney and chief assistant district attorney “maintained a policy, custom, and practice that expressly trained and directed [Assistant District Attorneys] to ensure that virtually no notes were taken when interviewing potential trial prosecution witnesses,” and that “[t]he purpose of this policy, custom, and practice was to make sure that exculpatory or impeachment evidence of the prosecution’s testifying witnesses would not be recorded so that such evidence would not be disclosed to the defense.” Id. ¶¶ 132–33. Plaintiff

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Shamel Capers v. The City of New York, Daniel Gallagher, Anthony Faranda, Peter Galasso, and John/Jane Does 1–25, (E.D.N.Y. 2026).

Shamel Capers v. The City of New York, Daniel Gallagher, Anthony Faranda, Peter Galasso, and John/Jane Does 1–25 (Shamel Capers v. The City of New York, Daniel Gallagher, Anthony Faranda, Peter Galasso, and John/Jane Does 1–25) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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