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.

JOHNSON v. CITY OF NEW YORK

January 12, 2004.

Herman Johnson, Plaintiff, -against- The City of New York; Former Police Commissioner Howard Safir; Former Police Commissioner Bernard Kerik; Police Officer Jose Castellano; Police Officer Sean O'Hara, Police Officer Joseph Tenety, Defendants


The opinion of the court was delivered by: SANDRA FEUERSTEIN, District Judge

OPINION & ORDER

I. Introduction

Pro se plaintiff Herman Johnson ("plaintiff) filed this action pursuant to 42 U.S.C. § 1981, 1983, 1985, alleging false arrest and malicious prosecution in violation of his constitutional rights. Plaintiff also alleges claims of infliction of emotional distress and loss of consortium pursuant to state law. Defendants have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, the motion is GRANTED.

 II. Background

  A. The Complaint

  On November 14, 2000, Officer Joseph Tenety ("Tenety") allegedly observed plaintiff driving a vehicle in Queens with an expired inspection sticker. (West Decl., exh. R). A Page 2 registration check revealed that the vehicle had been reported stolen by the owner. (Id.), Plaintiff was arrested. (Id.). According to plaintiff, he had not been driving the car and was arrested without probable cause. (Id. at exh. V, Amended Compl. at 4, Pl.'s Mem. of Law in Opp'n to Defs.' Mot. for Summ. J. at 5). Plaintiff was indicted on charges, inter alia, of grand larceny and possession of stolen property. (West Decl., exh. S). Plaintiff pleaded guilty to grand larceny. (Id. at exh. T).

  On March 15, 2001, plaintiff filed suit in the Southern District of New York. (West Decl., exh. A). The case was transferred to the Eastern District of New York and filed on March 27, 2001. (Id.).

  B. The Amended Complaint

  On September 13, 2002, plaintiff filed an amended complaint adding allegations of false arrest and malicious prosecution stemming from arrests in September 1998 and July 2000.

  1. The September 1998 Arrest

  On September 14, 1998, Officer Jose Castellanos ("Castellanos") allegedly observed plaintiff conversing with individuals on St. John's Place in Brooklyn and escorting them to a seller of narcotics. (West Decl., exh. K). Castellanos arrested plaintiff and other participants in an alleged drug sale. (Id. at exhs. G, K). Plaintiff argues that he did not know the other arrested individuals, and was simply waiting outside his sister's St. John's Place residence when the police searched and arrested him. (Amended Compl. at 4, Pl.'s Mem. of Law in Opp'n to Defs.' Mot. for Summ. J. at 5). Plaintiff was charged with criminal facilitation and loitering. (West Decl., exh. I). On September 15, 1998, the case was adjourned in contemplation of dismissal. (Id at exh. J). Page 3

  2. The July 2000 Arrest

  On July 22, 2000, plaintiff and another individual were sitting in a car parked along Lakeside Boulevard near 118th Road in Queens. According to defendants, as Detective Sean O'Hara ("O'Hara") parked his car alongside, he saw a crack pipe in plain view on the dashboard of plaintiff's vehicle. (West Decl., exh. O). Plaintiff claims that the crack pipe was not in plain view, but instead was seized from his friend after they were searched without probable cause. (Amended Compl. at 4, Pl.'s Mem. of Law in Opp'n to Defs.' Mot. for Summ. J. at 5). ...


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.