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.

Arnold v. Geary

United States District Court, Second Circuit

August 16, 2013

STANLEY ARNOLD, Plaintiff,
v.
MARTIN GEARY, et al., Defendants.

OPINION & ORDER

GABRIEL W. GORENSTEIN, Magistrate Judge.

Plaintiff Stanley Arnold has brought this action under 42 U.S.C. § 1983 for false arrest and malicious prosecution arising out of his arrest for trespass and possession of a controlled substance. Following an earlier grant of partial summary judgment by this Court, the only remaining defendants in this case are Officers Martin Geary, Pat Salierno, and Bryant Pappas of the Yonkers Police Department (collectively, "the defendants"). The defendants have now moved for summary judgment. For the following reasons, their motion is granted.

I. BACKGROUND

A. Facts

The following facts consist of those asserted by Arnold in sworn statements and facts asserted by the defendants that have not been contested by Arnold through the submission of admissible evidence.[1]

On July 7, 2008, Arnold was arraigned in Yonkers City Court on one count of robbery in the third degree. See Decision, Order and Judgment, dated July 6, 2009 (annexed as Ex. A to Declaration of Rory McCormick, filed Mar. 6, 2013 (Docket ## 165, 166, 167, 168) ("McCormick Decl.")) ("July 09 Decision"). He was released on July 16, 2008 on his own recognizance because the District Attorney's Office was not prepared to proceed. See id. at 1-2. On August 13, 2008, Arnold failed to appear at a scheduled court hearing, and a bench warrant was issued for his arrest. See Bench Warrant, dated Aug. 14, 2008 (annexed as Ex. B to McCormick Decl.); July 09 Decision at 1-2.

Approximately two weeks later, on August 28, 2008, Officers Geary and Salierno reported that they observed an individual enter 80 School Street in Yonkers and exit several minutes later. See Yonkers Police Department Crime Investigation Report, dated Aug. 28, 2008 (annexed as Ex. M to McCormick Decl.) ("Inv. Rep."). As reflected in their police report, the officers assert that they watched this individual grab two objects from his left hand, and close his right hand into a fist as the officers approached. Id . The officers then asked the individual why he was inside 80 School Street, and he told them he lived there. Id . The officers asked the individual his name, and he stated "Stanley Arnold." Id . The officers asked what was in the individual's hand, at which point the individual "threw 2 plastic objects containing a white substance at the Undersigned Officers... and then fled into 80 School Street." Id . The officers were unable to locate him there. Id . In a sworn statement originally submitted as part of the briefing on the earlier summary judgment motion, Arnold denies that this incident occurred or that he was even present at 80 School Street on August 28, 2008. See Declaration of Stanley A. Arnold in Opposition to Motion for Summary Judgment, dated Sept. 22, 2011 (annexed to Plaintiff's Affirmation in Opposition to Motion for Summary Judgment, filed Oct. 3, 2011 (Docket # 115)) ("Arnold Decl."), ¶¶ 8-10.

At some point after encountering the individual at 80 State Street, the officers viewed past Booking Data Sheets at the Yonkers Detective Division in an attempt to identify the individual. See Inv. Rep. Upon viewing a past Booking Data Sheet under the name of "Umar Taqua AKA Stanley Arnold, " they identified that individual as the person they had encountered at 80 State Street. Id . On September 12, 2008, Officer Geary signed a Warrant-Misdemeanor Information charging Arnold with criminal possession of a controlled substance in the seventh degree and criminal trespass in the third degree. See Warrant-Misdemeanor Information, dated Sept. 12, 2008 (annexed as Ex. D to McCormick Decl.).

On September 12, 2008, Arnold surrendered on the bench warrant for his robbery arrest by going to court. Arnold Decl. ¶ 11. Because court was closed that day, he went to central booking of the Yonkers Police Department. Id .; Yonkers Police Department Supplementary Report, dated Sept. 12, 2008 (annexed as Ex. C to McCormick Decl.). He was booked on both the robbery charge and the two misdemeanor charges, and was placed into custody at the Yonkers City Jail. See Yonkers Police Department Booking Data Sheet, dated Sept. 15, 2008 (annexed as Ex. N to McCormick Decl.).

At a court appearance held the next day, September 13, 2008, Arnold was ordered remanded. See Westchester County Department of Correction Uniform Commitment Form from Local Criminal Court, dated Sept. 13, 2008 (annexed as Ex. E to McCormick Decl.) ("Sept. 13 Commitment Form"); Arnold Decl. ¶¶ 11-12. On September 16, 2008, Arnold appeared in Yonkers City Court, where bail was set on the misdemeanor case in the amount of $1500 and his remand status on the robbery charge was continued. See Westchester County Department of Correction Uniform Commitment Form from Local Criminal Court, dated Sept. 16, 2008 (annexed as Ex. F to McCormick Decl.) ("Sept. 16 Commitment Form"). On March 18, 2009, Arnold was indicted on the robbery charge and remained in remand status. See Superior Court Commitment Hand-Up Indictment, dated Mar. 18, 2009 (annexed as Ex. H to McCormick Decl.). On April 1, 2009, bail on the robbery charge was set at $25, 000. See Superior Court Commitment, dated Apr. 1, 2009 (annexed as Ex. I to McCormick Decl.). On May 18, 2009, both misdemeanor charges were dismissed by the District Attorney's Office. Def. 56.1 Statement ¶ 5; Pl. 56.1 Statement ¶ 5.[2] On October 13, 2009, Arnold pled guilty to the robbery charge, id., and was sentenced to two to four years imprisonment, see Uniform Sentence & Commitment, dated Feb. 18, 2010 (annexed as Ex. J to McCormick Decl.).

B. Procedural History

Arnold filed the complaint in this case on August 19, 2009, alleging claims arising out of his arrest and prosecution on the misdemeanor charges. See Complaint, filed Aug. 19, 2009 (Docket # 2); Third Amended Complaint, filed Dec. 3, 2010 (Docket # 36). On January 5, 2012, this Court issued a Report and Recommendation granting in part and denying in part defendants' prior motion for summary judgment, see Arnold v. Geary, 2012 WL 43623, at *8 (S.D.N.Y Jan. 5, 2012), which was adopted by Judge Batts on March 8, 2012, see Arnold v. Geary, 2012 WL 759963 (S.D.N.Y. Mar. 8, 2012). Specifically, this decision granted summary judgment on all claims except Arnold's claims of false arrest and malicious prosecution against Geary, Salierno, and Pappas. Arnold, 2012 WL 43623, at *8. Following this decision, the parties consented to the undersigned presiding over this matter pursuant to 28 U.S.C. § 636(c) and both parties began preparing for trial. After reviewing the parties' pre-trial submissions, the Court directed the parties to determine whether during Arnold's imprisonment on the misdemeanor charges, he was also imprisoned on the robbery charge. Following efforts to obtain more information on this topic, the defendants sought to file a summary judgment motion in light of newly discovered information and the Court granted this request. See Memorandum Endorsed Letter from Rory McCormick to the Honorable Gabriel W. Gorenstein, dated Feb. 8, 2013 (Docket # 156) ("Feb. 8 Letter"). The instant motion followed.[3]

III. APPLICABLE LAW

A. Law Governing Summary ...


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.