Williams v. Suffolk Cnty.

284 F. Supp. 3d 275
CourtDistrict Court, E.D. New York
DecidedFebruary 12, 2018
Docket14–cv–5475 (ADS) (AKT)
StatusPublished
Cited by12 cases

This text of 284 F. Supp. 3d 275 (Williams v. Suffolk Cnty.) 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
Williams v. Suffolk Cnty., 284 F. Supp. 3d 275 (E.D.N.Y. 2018).

Opinion

SPATT, District Judge:

The Plaintiff Clifford Williams (the "Plaintiff") commenced this civil rights action under 42 U.S.C. § 1983 (" Section 1983") against the Defendants Suffolk County (the "County" or "Suffolk"), Suffolk County Police Department (the "SCPD"), Suffolk County Police Officer Alexander Crawford ("Officer Crawford"), Suffolk County Police Officer Joseph Suarez ("Officer Suarez"), Suffolk County Police Office John Jeheber ("Officer Jeheber"), Suffolk County Police Officer Anthony Sangimino ("Officer Sangimino"), and Suffolk County Police Officer Frank Santanelo ("Officer Santanelo") (together with Officers Crawford, Suarez, Jeheber, and Sangimino, the "individual Defendants") (collectively, the "Defendants").

*279Presently before the Court is a motion by the Defendants pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 56 for partial summary judgment. Specifically, the Defendants seek an order dismissing all of the Plaintiff's claims against the individual Defendants due to the expiration of the statute of limitations; or in the alternative, dismissal of the Plaintiff's Section 1983 claims for false arrest and malicious prosecution. For the following reasons, the Defendants motion is granted in part, and denied in part.

I. BACKGROUND

A. The Relevant Facts

The following facts are drawn from the parties' respective Local Rule 56.1 Statements. The Court notes that while the Defendants and the Plaintiff included many facts relating to the Plaintiff's medications and alleged injuries, those facts are not discussed here because they do not bear on his false arrest or malicious prosecution claims, which are the only claims on which the Defendants have moved for summary judgment based on the admissible evidence.

In May of 2011, the Plaintiff lived at 187 Edinburgh Drive, Ridge, New York. The Plaintiff's residence was a condominium that is part of a homeowner's corporation known as Leisure Knoll Association, Inc. ("Leisure Knoll").

During the relevant period, Karen Kluber ("Kluber") was an employee of Leisure Knoll, and she worked on the property.

On August 11, 2011, Judge Patricia Filiberto ("Judge Filiberto") of the First District Court, County of Suffolk issued a temporary order of protection against the Plaintiff in favor of Kluber, in a criminal case that was pending against the Plaintiff, People of the State of New York v. Clifford Williams , 2011SU0282.

The order of protection ordered the Plaintiff to stay away from Kluber, and to stay away from her home, school, and place of business. It further directed him to refrain from communicating with, assaulting, stalking, harassing, menacing, intimidating, or threatening Kluber.

On August 31, 2011, Judge Filiberto denied the Suffolk County District Attorney's Office application to expand the order of protection to include the Leisure Village Recreation Center, located at 103 Sheffield Drive, Ridge, New York 11961.

On October 18, 2011, Kluber informed the SCPD that the Plaintiff had violated the order of protection. She signed a sworn SCPD Statement Form, in which she said:

I, Karen Kluber[,] am an employee of Leisure Knolls Association, Inc. I was in the Recreation Building on Sheffield Dr. in Ridge with Fred Falco the Leisure Knolls Manager. I have an Order of Protection issued by 1st District Ct. Judge Filiberto [on] docket # 2011SU0282-issued on 8/1/11-to expire 8/1/12. The Order of Protection is against Clifford Williams. On Oct. 18, 2011 at approximately 2:45 pm[,] I was posting papers in [the] window box in the common area of the Recreation center. Clifford Williams walked into the Room, walked by me, smirked and chuckled at me, walk[ed] towards the bathroom and snapped a few pictures of me. Cliff walked out the back door. Cliff then returned and re-entered through the front door again, walked very slowly by me within 1 foot. The order of protection is a stay away order. Cliff knew I was inside[,] and instead of just leaving the first time[,] he approached me. These actions did clearly violate the stay *280away portion. I have read this statement and I swear it is the truth.

(Defs.' 56.1 Statement ¶ 6). The SCPD Statement Form states that "[f]alse statements made herein are punishable as a class "A" misdemeanor pursuant to Section 210.45 of the Penal Law." (Id. ).

On October 18, 2011, Officer Jeheber arrested the Plaintiff and charged him with criminal contempt in the second degree, N.Y. PENAL LAW § 215.50 -3, for violating the order of protection. At the time of the arrest, the Plaintiff told Officer Jeheber that the order of protection did not require him to stay away from the recreation center. Officer Jeheber did not investigate the Plaintiff's claim.

Officer Jeheber prepared a misdemeanor information outlining the Plaintiff's alleged criminal conduct. In the information, Officer Jeheber wrote:

The [Plaintiff], at 103 Sheffield Dr., Ridge, in the town of Brookhaven, Suffolk County, New York, on or about October 18, 2011, at approximately 2:45 P.M., engaged in intentional disobedience or resistance to the lawful process or other mandate of a court; in that, the [Plaintiff], did walk past the victim, [Kluber] [ ], and did laugh at her before taking [her] picture. The [Plaintiff] left the building and then re-entered through the front door and walked slowly past the victim. The [Plaintiff] is in violation of an existing order docket # 2011SU0282 issued by Judge Filiberto on 8/1/11.

(Id. ¶ 10). Officer Jeheber noted that the charge was based both upon his own personal knowledge, as well as information from Kluber.

The Plaintiff was transported to the SCPD Seventh Police Precinct, and remained there until the morning of October 19, 2011. Between October 19, 2011 and October 21, 2011, the Plaintiff was treated at several area hospitals for injuries that he alleges were caused by members of the SCPD. On October 22, 2011, he was arraigned on the misdemeanor information.

At some point, the Plaintiff brought a motion to dismiss the misdemeanor information for facial insufficiency. On September 26, 2014, the First District Court, County of Suffolk, issued a written order dismissing the misdemeanor information for facial insufficiency. The court, in its order, noted that the certified copy of the order of protection had not been filed with the misdemeanor information; and that the information did not contain any non-hearsay allegations establishing that the Plaintiff had notice of the order of protection or its contents. (Defs.' Ex. G).

B. The Relevant Procedural History

On September 18, 2014, the Plaintiff filed his initial complaint. The initial complaint brought claims against the County and the SCPD.

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Bluebook (online)
284 F. Supp. 3d 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-suffolk-cnty-nyed-2018.