The opinion of the court was delivered by: Honorable Paul A. Crotty, United States District Judge:
USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #:
DATE FILED:_October16, 2012
ORDER ADOPTING REPORT : AND RECOMMENDATION
On January 19, 2011, pro se plaintiff Dwight Thomas ("Plaintiff"), brought this action against the City of New York (the "City") and the New York Police Department (the "NYPD," and, collectively, "Defendants"), pursuant to 42 U.S.C. § 1983. Plaintiff alleges that his constitutional rights were violated during an arrest and subsequent criminal prosecution. Specifically, Plaintiff alleges that Defendants (1) arrested him without probable cause; (2) maliciously prosecuted him, and (3) violated his Eighth and Fourteenth Amendment rights.*fn1
Plaintiff seeks $5 million in compensatory damages and $2 million in punitive damages.
Defendants moved for summary judgment pursuant to Fed. R. Civ. P. 56. On August 8, 2012, Magistrate Judge James C. Francis IV issued a Report and Recommendation ("R&R") recommending that Defendants' summary judgment motion be granted. Plaintiff did not file any objections to the R&R, and thus "[t]he district court may adopt those portions of the report to which no timely objection has been made, so long as there is no clear error on the face of the record." Feehan v. Feehan, No. 09 Civ. 7016 DAB, 2011 WL 497776, at *1 (S.D.N.Y. Feb. 10, 2011). The Court has reviewed the R&R and finds no clear error. Accordingly, as set forth below, the Court adopts Magistrate Judge Francis' recommendations.
On January 27, 2009, Police Officer Helder Santos was flagged down by two women as he drove north on Madison Avenue toward East 100th street. Officer Santos reported that one of the women, T.R.*fn3 , "was in pain . . . [and] looked upset, disheveled." T.R. told Officer Santos that she had been raped. He attempted to calm T.R. down and called for assistance. Four additional officers arrived on the scene, including Officer Santos' supervisor, Sergeant Cina.
T.R. told the interviewing officers that a man known as "Sunday" had raped her. She described him as a tall, bald African-American male with tattoos. She further alleged that the rape took place for more than six hours, and that she had been threatened with a knife and a pair of scissors that were held to her neck. T.R. indicated that the attack occurred in a nearby building, 55 East 99th Street, in apartment 13E. She stated that Sunday was still there.
While Officer Santos escorted T.R. to the hospital, Sergeant Cina proceeded to the apartment, where he found Plaintiff, who identified himself as Sunday. Sergeant Cina inspected the apartment, wherein he found a pair of scissors located on a dresser in one of the bedrooms. Plaintiff was arrested and charged with Rape in the First Degree and Criminal Sexual Act in the First Degree.
A grand jury indicted Plaintiff on two counts of Rape in the First Degree and three counts of Criminal Sexual Act in the First Degree. At trial, Officer Santos and Sergeant Cina testified regarding their interactions and observations of T.R. Sergeant Cina also testified about his search of Plaintiff's apartment. T.R. testified about the incident as well as her substance abuse problems. A jury acquitted Plaintiff of all five counts of the indictment.