United States District Court, S.D. New York
OPINION AND ORDER
G. SCHOFIELD, District Judge
Joseph Davis brings this action against Defendant Police
Officer David Terrell, asserting claims under 42 U.S.C.
§ 1983 for false arrest and malicious
prosecution. Before the Court is Defendant's motion
for summary judgment. For the following reasons, the motion
following facts are taken from the parties' statements
pursuant to Local Civil Rule 56.1 and the parties'
submissions on this motion. For the purposes of this motion,
all factual disputes are resolved, and all reasonable
inferences are drawn, in Plaintiffs favor. See Wright v.
N.Y. State Dep't of Corr., 831 F.3d 64, 71-72 (2d
morning of January 18, 2013, Plaintiff left his apartment for
a short time. Jahard White, a family friend who was staying
with Plaintiff, was inside the apartment when Plaintiff left.
When Plaintiff returned, White was gone and all of
Plaintiff's footwear was missing. Plaintiff immediately
ran downstairs and went outside, where he found a shirt,
sweater and baseball cap that he recognized as his lying on
the ground. He saw White and two unidentified males running
away from his building and carrying some of his belongings.
Plaintiff chased the three men and yelled at them. At one
point during the chase, one of the men turned around and
lifted his shirt to display a gun.
then called 911 and reported that he had been robbed. As
reflected in a recording and transcript of the call,
Plaintiff told the 911 operator that “[t]he guys put a
gun to me and robbed me.” To confirm, the operator
asked Plaintiff, “And the guy pulled a gun at you and
robbed you?” Plaintiff responded, “Yes.”
approximately 10:18 A.M., Defendant and his partner received
a radio transmission of a 911 call reporting a robbery at
gunpoint. A robbery at gunpoint is considered a
“priority job, ” so Defendant and his partner
responded to the caller's location immediately.
two minutes after Plaintiff placed the 911 call, Defendant
and his partner arrived at Plaintiff's location.
Defendant observed clothes on the sidewalk. Plaintiff, who
had circled back toward his building after chasing the men,
was standing in front of a nearby supermarket and speaking to
a security guard whom Plaintiff believed saw part of the
robbery. Plaintiff flagged down Defendant and told him that
the clothes on the sidewalk were his and that he had been
robbed of his clothes. Plaintiff also told Defendant that the
security guard may have witnessed some of the incident, but
Defendant's partner said that he did not care and told
Plaintiff to get into the police car. With Plaintiff in the
police car, Defendant drove to Plaintiff's apartment
building and waited for another police car to arrive.
asked Defendant to take him to his apartment so that they
could see what was missing, but Defendant made Plaintiff stay
in the lobby of the building and did not go to
Plaintiff's apartment. Defendant and another police
officer spoke to the building's superintendent, who
showed them surveillance video from the building. The
surveillance video showed Plaintiff exiting the building and,
while he was away, two unidentified men arriving, ringing the
bell and being granted entry to the building. Video from
another surveillance camera posted in an interior hallway
showed three men exiting Plaintiff's apartment with
clothing and descending the building's stairs. The videos
also showed Plaintiff returning to his apartment via the
elevator at the same time the three men were going down the
viewing the surveillance videos, Defendant handcuffed and
arrested Plaintiff. Defendant Terrell prepared an arrest
report, identifying the charge as “PL 240.50 03A”
and stating, “Deft [Davis] made 911 call stating he was
robbed at gunpoint. Upon further investigation the crime
didn[']t occur. Deft stated he made false call because he
wanted cops to come faster.” Defendant swore to a
criminal complaint charging Davis with violating N.Y.P.L.
§ 240.50(3) for falsely reporting an incident. In the
Complaint, Defendant Terrell stated that, after Plaintiff was
arrested, Plaintiff said:
I swear to you, I am so sorry. I just wanted to get my stuff
back. I was robbed beforehand and the cops never showed up.
Someone told me to say a gun next time and cops would show up
faster. Can't you let me go home now that I've told
you the truth?
denies that he made this statement.
was held in custody from his arrest until his arraignment,
and was released at approximately 11:54 P.M. on January 18,
2013, approximately 13 hours after his arrest. On September
24, 2014, the District Attorney dismissed the charge against
Plaintiff, in part because Defendant would not cooperate with