The opinion of the court was delivered by: McAVOY, U.S. District Judge.
MEMORANDUM — DECISION & ORDER
Plaintiff commenced the instant action pursuant to 42 U.S.C. § 1983
claiming violations of his Fourth and Fourteenth Amendment rights arising
out of his arrest. Presently before the Court are the Jefferson County
Defendants'*fn1 ("Defendants") motion for summary judgment pursuant to
FED. R. Civ. P. 56 seeking dismissal of the Complaint in its entirety and
Plaintiff's cross-motion pursuant to FED. R. Civ. P. 56 seeking a
determination of liability as a matter of law.
On December 4, 1993, Deputies from the Yates County, New York Sheriff's
Department responded to a motor vehicle accident whereby the driver of a
pickup truck lost control of the truck and struck a culvert. Plaintiff
and Defendant Douglas VanAmburg were in the vehicle at the time of the
accident. VanAmburg admitted to the police officers that he was driving
the truck at the time of the accident. Thereupon, Yates County Sheriff's
Deputy Bradley Quayle issued VanAmburg tickets charging him with driving
while intoxicated ("DWI") and failure to keep right in violation of N Y
VEH. & TRAF. LAW §§ 1192(3) and 1120(a) respectively. At some time
between December 4, 1993 and March 1994, the Yates County Sheriff's
Department canceled the tickets issued to VanAmburg.
On February 2, 1994, VanAmburg provided a voluntary statement to the
Yates County Sheriff's Department stating that he was not, in fact, the
operator of the truck at the time of the accident, but that he accepted
responsibility to protect Plaintiff from getting another DWI charge. On
March 16, 1994, over three months after the accident, Quayle filed an
information in the Town Court of Italy, County of Yates, State of New
York, charging that it was Plaintiff who was under the influence of
alcohol and who had driven the truck into the culvert in violation of
N Y VEH. & TPAF. LAW § 1192(3). That same day, Justice Duane Shay
of the Town Court of Italy issued a warrant for Plaintiff's arrest
executable by "any Police Officer of the Yates County Sheriff's
Department" on charges of DWI and failure to keep right in violation of
N Y VEH. & TRAF. LAW §§ 1192(3) and 1120(a) respectively. The
warrant indicated that it "[M]ay be executed in County of issuance or
adjoining County. 120.70."
The warrant was returnable before the Town Court of Italy.
At 3:10 a.m. on March 18, 1994, Jefferson County Sheriff's Dispatcher
Debra L. Mahon received a teletype on the New York State Police
Information Network ("NYSPIN") from the Yates County Sheriff's
Department. The teletype was directed to "APB ATTN JEFFERSON CO SO,"
marked as a "File 5," and noted that Plaintiff was wanted on a warrant
for violating N.Y. VEH. & TRAF. LAW § 1192 and that bail had been set
at $800 cash.
Mahon contacted Jefferson County Sheriff's Department Sergeant Larry
Jobson who was on road patrol and asked him to contact her. Jobson then
telephoned Mahon. Nahon told Jobson she had received a "File 5" teletype
for Plaintiff's arrest and gave Jobson Plaintiff's address. Jobson later
radioed Mahon stating that he could not locate that address.
Mahon performed a driver's license search to locate an address and
telephone number for Plaintiff. Mahon then telephoned Plaintiff,
explained to Plaintiff that Jobson was on his way to talk with him, and
asked Plaintiff for directions to his home. Mahon did not inform
Plaintiff that Jobson would be executing an arrest warrant. Jobson
requested that Deputy Gould respond to the residence to assist him as
At 3:52 a.m., the Yates County Warrant Office faxed the arrest warrant
for Plaintiff along with the information and supporting deposition of
VanAmburg to the Jefferson County Sheriff's Department.
Jobson arrived at Plaintiff's residence and telephoned Mahon to confirm
that Plaintiff was the person named in the "File 5" teletype. Mahon
confirmed Plaintiff's identity and advised Jobson that she had a
facsimile copy of the arrest warrant. It is undisputed that neither
Jobson nor Gould had seen the arrest warrant and supporting documents at
the time they arrested Plaintiff. The parties dispute whether Plaintiff
was arrested before or after Jobson telephoned Mahon.
At 4:08 a.m., Mahon sent a "warrant locate" over the NYSPIN advising
the Yates County Sheriff's Department that Plaintiff had been arrested
and the active file on the warrant could be canceled. The warrant locate
indicated that Plaintiff was to be arraigned before Justice Outwater,
Town Justice of the Town of Watertown.
Jobson then drove Plaintiff to the Town of Watertown to be arraigned.
Gould drove to the Jefferson County Sheriff's Department to obtain copies
of the arrest warrant and supporting documents faxed by Yates County.
Gould then brought the documents to the court and returned to road
patrol. Jobson first saw the arrest warrant and supporting documents at
the arraignment. Plaintiff was arraigned and posted bail posted of $800
cash. Plaintiff was tried in the Town of Italy on the charges against him
and found by a jury to be not guilty.
Plaintiff then commenced the instant action pursuant to
42 U.S.C. § 1983 claiming violations of his Fourth and Fourteenth
Amendment rights and asserting state law claims of false arrest,
malicious prosecution, and violations of various provisions of the New
York Criminal Procedure Law. Plaintiff has since discontinued this action
as against the Yates County Defendants. Presently before the Court are
the Jefferson County Defendants' motion for summary judgment pursuant to
FED. R. Civ. P. 56 seeking dismissal of the ...