Williams v. City of New York

916 F. Supp. 2d 235, 2012 WL 6838934, 2012 U.S. Dist. LEXIS 184279
CourtDistrict Court, E.D. New York
DecidedOctober 18, 2012
DocketNo. 07-cv-5362 (NG)(VVP)
StatusPublished
Cited by2 cases

This text of 916 F. Supp. 2d 235 (Williams 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.

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Williams v. City of New York, 916 F. Supp. 2d 235, 2012 WL 6838934, 2012 U.S. Dist. LEXIS 184279 (E.D.N.Y. 2012).

Opinion

OPINION AND ORDER

GERSHON, District Judge.

Plaintiff Corey Williams filed this action after a police narcotics investigation led to his indictment, arrest, and prosecution. He was acquitted at trial. The individual defendants and the City have now moved for summary judgment under Federal Rule of Civil Procedure 56 on all of the plaintiffs claims, except that the City has moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) on the claim for municipal liability under § 1983. For the reasons explained below, the court grants judgment in favor of the defendants on all claims.

UNDISPUTED FACTS

Except as otherwise indicated, the record established that the following facts are undisputed.

I. Operation Tidal Wave

In October 2006, state and federal law enforcement officers conducted a long-term drug investigation called “Operation Tidal Wave” in the Hammel Houses housing project in Queens, New York. The investigation involved undercover officers entering the Hammel Houses community over a period of time and attempting to buy illegal drugs. Because of the long-term nature of the investigation, the police did not immediately arrest persons selling drugs but rather collected information gathered by the undercover officers. At the end of the investigation, persons who sold drugs to the police were arrested in a process known as a “case take-down.”

UC # 3519 was working undercover for Operation Tidal Wave in November 2006. UC # 7975 served as his “ghost,” a person [239]*239whose primary purpose is to maintain the safety of the primary undercover officer purchasing the drugs.

During this time, plaintiff lived in the Hammel Houses. On November 1, 2006, UC # 3159 purchased four clear blue zip lock bags containing crack/cocaine from a person unknown to him. UC # 3159 asked the seller’s name. The seller said to call him “Corey,” and they exchanged telephone numbers. Later, UC #3159 recorded this transaction in his paperwork and referred to the seller as “JD-Corey.” The drugs were vouchered and sealed.

Substantially similar transactions happened on November 9, 12, 21, 2006, and January 4, 2007. At each encounter, UC # 3159 either contacted JD-Corey at the telephone number he had provided or approached him in person to initiate the transaction. At his deposition, plaintiff admitted that he owned a pre-paid cell phone with the telephone number UC # 3159 said was provided to him by JD-Corey, although he could not recall when.

On November 18, 2006, after the third drug purchase, UC # 3159 positively identified “JD-Corey” as plaintiff Corey Williams from a compilation of mug shots that had been prepared in advance by his police supervisor, according to periodic police practice.

In opposition to the present motions, plaintiff submitted his deposition testimony, in which he stated that he “never sold drugs to anyone” and that he specifically “did not sell drugs to anyone in November 2006, December 2006, or January 2007,” nor did he assist anyone selling drugs during that time.

II. Indictment & Arrest Warrant

On January 30, 2007, a Queens County Grand Jury indicted plaintiff on five counts of criminal sale of a controlled substance in the third degree in violation of New York Penal Law § 220.39(1) and four counts of criminal sale of a controlled substance in or near school grounds in violation of New York Penal Law § 220.44(2). The Grand Jury found that on November 1, 9, 12, and 21, 2006, and January 4, 2007, plaintiff knowingly and unlawfully sold cocaine and that the sales on November 1, 9, 12, and 21, 2006, took place on or near school grounds.

On January 31, 2007, the Supreme Court, Queens County, issued an arrest warrant for plaintiff.

III. The Arrest & Trial

On February 1, 2007, Detective Michael DiMeglio, accompanied by other police officers, entered the plaintiffs apartment. Plaintiff alleges that the police were in search of his brother, Tavares Charlie, and claims that because neither he nor his mother would tell them where plaintiffs brother was, plaintiff was arrested. Detective DiMeglio arrested Plaintiff pursuant to the warrant. Shortly after the arrest, UC # 3159 visually identified plaintiff as being “JD-Corey.”

Plaintiff was tried before a jury. He did not testify. UC # 3519 and UC # 7975 testified at the trial. Plaintiff was acquitted on July 25, 2007.

DISCUSSION

The individual defendants and the City have now moved for summary judgment under Federal Rule of Civil Procedure 56 on all of the plaintiffs claims, except that the City has moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) on the claim for municipal liability under § 1983, as to which discovery has been held in abeyance.

[240]*240I. Summary Judgment Standard

A motion for summary judgment under Federal Rule of Civil Procedure 56 must be granted if there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Lipton v. Nature Co., 71 F.3d 464, 469 (2d Cir.1995). The moving party must demonstrate the absence of any material factual issue genuinely in dispute. Id. The court must view the inferences to be drawn from the facts in the light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). However, the non-moving party may not “rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment.” Knight v. U.S. Fire Ins. Co., 804 F.2d 9, 12 (2d Cir.1986). Nor may the non-moving party “rest upon the mere allegations or denials of his pleading.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Rather, the non-moving party must produce specific facts sufficient to establish that there is a genuine factual issue for trial. Id. at 322-23, 106 S.Ct. 2548. If the evidence is “merely colorable” or “not significantly probative,” summary judgment may be granted. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (stating that the “mere existence of a scintilla of evidence in support of the [non-moving party’s] position will be insufficient; there must be evidence on which the jury could reasonably find [for the non-moving party]”).

II. Standard for Motion to Dismiss Under Rule 12(c)

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916 F. Supp. 2d 235, 2012 WL 6838934, 2012 U.S. Dist. LEXIS 184279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-city-of-new-york-nyed-2012.