Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PETRENKO v. UNITED STATES

July 14, 1994

JOHN R. PETRENKO, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.



The opinion of the court was delivered by: STERLING JOHNSON, JR.

 JOHNSON, District Judge:

 INTRODUCTION

 Plaintiff has brought an action pursuant to 42 U.S.C. § 1983 claiming that his civil rights were violated on January 30, 1988, when he allegedly was negligently beaten and falsely arrested and imprisoned by United States Park Police officers. The Plaintiff seeks $ 10 million for the claims arising under 42 U.S.C. § 1983 and an additional $ 1,250 to recover the costs of retrieving his impounded vehicle. Before this Court is the Government's motion for summary judgment. Each of the Plaintiff's six causes of action is denied, and the Government's motion for summary judgment is hereby GRANTED.

 BACKGROUND

 During a routine patrol on January 30, 1988, at approximately 3:00 a.m., officers Michael Lavin and Michael Larosa of the United States Parks Police ("USPP") approached a blue, 1980 Dodge, New York license number KNW746, that was parked in the Al Banners West parking lot of the Gateway National Recreation Area. A woman and a man, Plaintiff John Petrenko, were in the car. The officers observed the man fondling the woman's breast. The woman appeared unconscious.

 The Plaintiff informed the officers that the woman was his girlfriend and that her name was "Cynthia." When the Plaintiff could not awaken "Cynthia," the officers attempted for some five minutes to awaken the woman. Upon regaining consciousness, the woman was questioned by the officers, whereupon she informed them that her name was not "Cynthia" and that she had not consented to any sexual activity with the Plaintiff. Based on her replies and on their own observations, the officers arrested the Plaintiff.

 After handcuffing the Plaintiff and placing him in the back seat of the police car, the officers searched the interior of the vehicle. They then removed the Plaintiff's keys from the car and searched the trunk, where they found two license plates which appeared to have been altered. Further investigation revealed that the plates had in fact been stolen and altered.

 The officers took the Plaintiff to the USPP Field Office at Floyd Bennett Field in Brooklyn, New York. The vehicle was taken to the police facility at Floyd Bennett Field for "safekeeping." Later that day, the Plaintiff was transported to the custody of the New York Police Department ("NYPD"). The Plaintiff was charged with rape, sexual abuse, and sodomy in the Criminal Court of New York, Queens County. Plaintiff was subsequently transferred to the correctional facility at Rikers Island, where he stayed until he was--released on February 1, 1988.

 Upon the Plaintiff's admission to Rikers correctional facility, he was examined by medical personnel and treated for high blood pressure and headaches -- conditions the Plaintiff has suffered from for at least two years. Approximately one month after his arrest, the Plaintiff went to see Dr. Kenneth Marshall, his treating physician, who treated him for various ailments.

 On June 19, 1988, a hearing was held in the Plaintiff's criminal action regarding the Plaintiff's (the defendant in the criminal case) motion to suppress statements made and physical evidence seized at the time of his arrest. At the hearing, the criminal court found that there was probable cause for the Plaintiff's arrest on January 30, 1988. The criminal action against the Plaintiff was subsequently dismissed on September 27, 1988, because the woman refused to proceed with the action.

 DISCUSSION

 I. PLAINTIFF'S CLAIMS FOR FALSE ARREST, FALSE IMPRISONMENT, AND ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.