The opinion of the court was delivered by: DENISE COTE, District Judge
Plaintiff Harold Carter ("Carter") has brought suit pursuant to
42 U.S.C. § 1983 ("Section 1983") seeking compensatory and
punitive damages against the City of New York ("City"), the Port
Authority of New York and New Jersey, the Port Authority Police
Department (collectively "Port Authority"), New York City Police
Officer Paul McCormack ("McCormack"), and Port Authority Police
Officers Andrew Iadevaio ("Iadevaio") and Frank Vogric
("Vogric"), in connection with his arrest while on duty as a
supervisor for a security firm monitoring the arrivals area for
Terminal One at John F. Kennedy International Airport.
Following discovery, the defendants have moved for summary
judgment. Those motions, which are unopposed, are granted in
part.
The following facts are undisputed or stated in the light most
favorable to the plaintiff unless otherwise noted. On August 11,
2002, Carter was on duty at his job as a supervisor for a
security firm monitoring the arrivals area for Terminal One at
John F. Kennedy International Airport. That evening, McCormack
drove up and parked an unmarked vehicle by the curb in front of
the arrivals area at Terminal One, placing a New York City Police
Department plaque in the windshield. McCormack asserts that he
was there on official police business to pick up visiting Irish
dignitaries because he speaks Gaelic. McCormack does not recall, however, whether he had a police radio with him,
whether he had any weapons or any other police gear aside from
his badge, and he does not recall who the Irish dignitaries were.
According to Iadevaio's deposition, McCormack was in
plainclothes. There is no evidence in the record to corroborate
the existence of such a visit by foreign dignitaries. Carter
states in his deposition that whenever there are visiting
diplomats or dignitaries, the security staff of Terminal One are
notified in advance, and that there had been no such notification
for that evening.
There is no dispute that Carter approached McCormack's vehicle
and informed him that he could not park in the restricted area by
the curb. Carter asserts in his deposition that McCormack
explained that he was a police officer, that he wanted to pick up
his girlfriend, who was buying food at the McDonald's restaurant
in Terminal One, and that he wished for Carter to extend him a
professional "courtesy" to allow him to park in the restricted
area briefly. Carter states that he refused to permit McCormack
to park in that location pursuant to his understanding of
Terminal One policies, because McCormack was not on official
police business. There is no dispute that after a brief
conversation between Carter and McCormack, McCormack drove away
and parked at a different location outside Terminal One.
According to the defendants' summary judgment papers, Iadevaio
and Vogric, in uniform and in a marked Port Authority police car,
drove up beside McCormack's vehicle and made contact with McCormack, causing him to identify himself as a police
officer. McCormack states in his deposition that when asked why
he had not parked in the restricted passenger pickup area, "I
told them that a black security guy basically kicked me out of
there. They basically said, follow us in and, you know, we'll get
to the bottom of this." Iadevaio acknowledges in his deposition
that a crime had not been committed at the point when the
officers decided to return to Terminal One to confront Carter.
McCormack admits then following the Port Authority officers back
to the Terminal One arrivals area. He states that he parked his
car behind the Port Authority squad car, one of the officers got
out of the Port Authority car, and "came back to my car to ask me
if I see the black security guard and I did see him on the
sidewalk down by the indented area. I said, that's him over
there. I pointed him out to him."
There is no dispute that Iadevaio then approached and
confronted Carter, that a scuffle ensued, that Carter was forced
face-down onto the sidewalk, that he sustained injuries to his
face and arm, and that he was arrested for disorderly conduct and
resisting arrest. There appears to be no dispute that McCormack
stayed to observe the scene as Carter was taken down and
arrested, although the role Vogric played in using force against
Carter is unclear based on the papers submitted to this Court.
According to the deposition of McCormack, however, both of the
Port Authority officers were at one point on the ground
handcuffing Carter. How the scuffle between Iadevaio and Carter began is a source
of dispute. Iadevaio claims that he calmly approached Carter to
ask him why he had not extended a courtesy to McCormack, and that
Carter began screaming and pointing at Iadevaio the moment
Iadevaio began approaching him. He claims that Carter continued
to scream, which "caused a crowd to gather, public alarm," which
led Iadevaio to the conclusion that he would arrest Carter for
disorderly conduct. He also claims that he asked Carter for
identification, which Carter refused to give, and that Carter
then struck Iadevaio's hand and grabbed onto it, leading Iadevaio
to force Carter to the ground. Vogric states that he took the
names of two witnesses, but did not gather any witness statements
other than the statement of McCormack.
Carter claims that Iadevaio approached in an aggressive and
intimidating manner and began to question Carter about why he
refused to allow McCormack to park in the restricted area. Carter
stated in his deposition that he explained his understanding of
Terminal One parking policies, and that McCormack should not have
been permitted to park there. He states that Iadevaio responded
by stating, "Well, ha, ha, ha, what did you think would happen if
you tried to call me to remove the vehicle?" Carter states that
he responded: "I don't know what you would do, I just know what
my responsibilities are." Carter believes Iadevaio responded:
"Well, I don't think you know your job." Carter states that he
replied: "I think I know what my procedures and my job is, but I
think you're unaware of exactly what your position is." At this point, Carter states that
the conversation became heated, and that Iadevaio grabbed
Carter's tie, initiating contact with Carter, and that Carter
attempted to push Iadevaio's hand away. At this point, Carter
claims that Iadevaio threw him to the ground and arrested him.
Carter states that he was wearing his identification badge on a
chain around his neck, face-out, so that it would have been
unnecessary for Iadevaio to ask for his identification. He states
that this chain was broken when Iadevaio grabbed his tie and
Carter attempted to push his hand away.
There is no dispute that Carter was detained for a number of
hours by the Port Authority at Kennedy Airport, and was released
at approximately 5:00 a.m. Iadevaio signed the criminal court
complaint against Carter, and Vogric signed the corroborating
affidavit to the criminal court complaint. McCormack signed a
witness statement regarding his observations of the incident.
There is no dispute that Carter was forced to make a number of
court appearances with regard to the criminal charges that were
brought against him. Ultimately, however, on May 2, 2003, all
criminal charges against Carter were dismissed. On June 6, 2003,
Carter filed a Notice of Claim with the Comptroller's Office of
the City, alleging unlawful arrest, seizure, search, and
imprisonment, violations of his New York and Federal
constitutional rights, assault, libel, slander, negligence,
reckless conduct, malicious prosecution, and discrimination. On November 5, 2003, Carter filed the civil complaint that initiated
this lawsuit.
The Complaint contains six causes of action. First, the
Complaint alleges Section 1983 violations against McCormack,
Iadevaio, and Vogric, including false arrest, unlawful
imprisonment, malicious prosecution, and assault as deprivations
of Carter's Fourth and Fourteenth Amendment rights under the
United States Constitution. Second, the Complaint alleges New
York state law intentional tort claims against McCormack,
Iadevaio, and Vogric, including false arrest and imprisonment,
libel and slander, malicious prosecution, intentional infliction
of emotional distress, and invasion of privacy. Third, the
Complaint alleges negligent and reckless hiring claims against
the City and Port Authority. Fourth, the Complaint alleges
negligent and reckless training claims against the City and Port
Authority. Fifth, the Complaint alleges state law negligence
claims against McCormack, Iadevaio, and Vogric, including
negligent and reckless performance of police duties. Sixth, the
Complaint alleges claims against the City and Port Authority
based on a policy and pattern of deliberate indifference to
violations of constitutional rights by police officers.
Defendants filed motions for summary judgment on October 1,
2004. Plaintiff's opposition to the motion was due on October 22,
2004, but was never filed. As a consequence, the assertions of
fact in the defendants' Local Rule 56.1 Statements are taken as true and uncontroverted to the extent they are supported by
admissible evidence.