United States District Court, S.D. New York
CHESTER HORN, INDIVIDUALLY, and as Administrator of the ESTATE OF DAVID HORN, GLADYS HORN, DAVID HORN, JR., DIANA HORN and PATRICIA HORN, Plaintiffs,
NEW YORK STATE TROOPER TIMOTHY SAMMON, CITY OF YONKERS POLICE OFFICER ROY PILOT, CITY OF YONKERS POLICE OFFICER KEVIN WISSNER and CITY OF YONKERS POLICE DETECTIVE WILLIAM CRAFT, and STEPHANIE O'BRIEN, as Administrator of the ESTATE OF RICHARD O'BRIEN, Defendants
For Chester Horn, Individually, Plaintiff: William Allinson Thomas, LEAD ATTORNEY, William A. Thomas, Esq., New York, NY.
Gladys Horn, Plaintiff, Pro se.
David Horn, Jr., Plaintiff, Pro se.
Diana Horn, Plaintiff, Pro se.
Patricia Horn, Plaintiff, Pro se.
For City of Yonkers P.O. Roy Pilot, City of Yonkers P.O. Kevin Wissner, City of Yonkers P.D. William Craft, Defendants: Hillary Jacobs Raimondi, LEAD ATTORNEY, J. Patrick Carley, III, Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, NY; Rory Carleton McCormick, Corporation Counsel, City of Yonkers, Yonkers, NY.
For Stephanie O'Brian, as Administrator of the Estate of Richard O'Brien, Cross Defendant: Jeb Harben, LEAD ATTORNEY, Office of the Attorney General, New York State, New York, NY.
For City of Yonkers P.D. William Craft, Cross Claimant: Rory Carleton McCormick, Corporation Counsel, City of Yonkers, Yonkers, NY.
For N.Y. State Trooper Timothy Sammon, Cross Defendant: Jeb Harben, LEAD ATTORNEY, Office of the Attorney General, New York State, New York, NY.
MEMORANDUM & ORDER
Sidney H. Stein, United States District Judge.
Defendants Timothy Sammon and Stephanie O'Brien, as administrator of the estate of Richard O'Brien (the " State defendants"), have moved for reconsideration of the Court's Order filed September 10, 2014 (Dkt. No. 104) denying them summary judgment on plaintiffs' section 1983 excessive force claim. For the reasons explained below, the Court grants that motion and, upon reconsideration, grants summary judgment to the State defendants.
The background of this case, including a summary of the disputed and undisputed facts, is set forth at length in the transcript of the oral opinion the Court delivered on September 10, 2014. (Tr. of Sept. 10, 2014 Oral Op., Dkt. No. 109 (hereinafter " Op. Tr.").) Briefly, the Court held that disputed issues of material fact precluded a grant of summary judgment in favor of defendants O'Brien and Sammon. The Court reasoned that (1) a reasonable juror could find, based on the 2006 deposition testimony of decedent David Horn's father, Chester Horn, that O'Brien or Sammon shot David Horn when he posed no threat to their safety or the safety of others, and (2) factual issues underlying the reasonableness of the shots fired by defendant Yonkers Police Officer Roy Pilot, who was indisputably the first defendant to shoot, called into question the reasonableness of the subsequent shots fired by Sammon and O'Brien. (Id. 24-27.) ...