United States District Court, S.D. New York
October 27, 2014
For Roberto Dejesus, Plaintiff: Brian Lewis Bromberg, LEAD ATTORNEY, Jonathan Robert Miller, Bromberg Law Office, P.C., New York, NY; Jonathan Anthony Fink, Fink & Katz, PLLC, New York, NY.
For The City of New York, Correction Officer Michael Patrick McLaughlin, Correction Officer Laron Reese, Correction Officer Richard Tardi, Correction Officer Edith Margarito, Defendants: Elissa Beth Jacobs, LEAD ATTORNEY, New York City Law Department, New York, NY.
OPINION AND ORDER
J. PAUL OETKEN, United States District Judge.
Plaintiff Roberto DeJesus brings this action against Defendants the City of New
York (" the City" ) and Corrections Officers Michael Patrick McLaughlin, Laron Reese, Richard Tardi, and Edith Margarito, alleging that they deprived him of his constitutional rights in violation of 42 U.S.C. § 1983, and that they conspired to deprive him of his constitutional rights in violation of 42 U.S.C. § 1985. Specifically, DeJesus alleges false arrest, malicious prosecution, violations of the Fourth and Fourteenth Amendments, and conspiracy to commit those violations. (Dkt. No. 1, Complaint at ¶ ¶ 38-62.) Defendants move to dismiss DeJesus's false arrest and malicious prosecution claims under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, their motion is granted in part and denied in part.
DeJesus was in jail on Rikers Island from October 21, 2009, until January 26, 2012, when he was transferred to state custody. (Dkt. No. 15, Declaration of Elissa B. Jacobs, at ¶ 3.) Until July 13, 2011, when he was convicted of robbery and criminal impersonation, DeJesus was at Rikers pending trial. ( Id.)
On November 23, 2010, two inmates got in a fight in DeJesus's facility. DeJesus was not involved in the fight. When the fight broke out, DeJesus was on the phone. As a result of the fight, Captain J. Williams ordered that the facility be put on lock down. All inmates were ordered to return to their cells immediately. DeJesus promptly hung up the phone and returned to his cell. But when he arrived there, his cell was locked and he could not get in.
While DeJesus was standing in front of his locked cell, McLaughin, Reese, Tardi, and Margarito descended on him and began to beat him with their batons. The beating was so severe that DeJesus eventually ended up at Elmhurst Hospital, where he was treated " for injuries to his head, neck, back, abdomen, arms and legs." ¶ 26. At some point after he returned from the hospital, DeJesus was placed in " punitive segregation" for 205 days. ¶ 33. As a result of the beating and segregation, DeJesus suffers from " emotional distress, including nightmares, as well as physical pain and suffering." ¶ 31.
DeJesus was indicted in connection with this incident on various criminal charges in 2011. ¶ 28. He was ...