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