United States District Court, S.D. New York
the plaintiff: Michael Lumer Lumer & Neville
the defendants: Lucienne Pierre New York City Law Department
OPINION & ORDER
COTE United States District Judge.
Timothy Kraus (“Kraus”) and James Lamur
(“Lamur”) move for summary judgment with respect
to the plaintiff's § 1983 and state law claims for
malicious prosecution and denial of a fair trial. For the
following reasons, the defendants' motion is granted.
facts and procedural history of this litigation are set out
in a March 30, 2016 Opinion of the Honorable Laura Taylor
Swain, with which familiarity is assumed. Soomro v. City
of New York, 174 F.Supp.3d 806 (S.D.N.Y. 2016)
(“2016 Opinion”). The following facts are
undisputed unless otherwise noted.
Ashique Soomro (“Soomro”) was a yellow taxi cab
driver working in the City of New York. The defendants Lamur
and Kraus are New York Police Department (“NYPD”)
police officers. On October 10, 2011, they were assigned to
the city-wide Traffic Task Force (“TTF”) and
working in the vicinity of the intersection of 57th Street
and Fifth Avenue in New York County.
about 11:40 a.m., Soomro drove west on 57th Street and
arrived at the intersection of 57th Street and Fifth Avenue.
He had a passenger in the backseat of his cab. As Soomro
finished driving through the intersection, he stopped to
discharge his passenger. Kraus was standing 50 to 60 feet
further west along 57th Street, between Fifth and Sixth
Avenues, and waved to Soomro, indicating that Soomro should
keep moving and not stop his taxi in that location. Soomro
understood that Kraus wanted him to move his vehicle.
drove about eight feet past Kraus towards Sixth Avenue before
he stopped his vehicle. The passenger threw down a ten dollar
bill, opened the door and exited the passenger side of the
taxi. Soomro discharged his passenger more than a foot away
from the curb, in an active traffic lane. Kraus approached
Soomro's vehicle from the passenger side of the vehicle
just as the passenger was exiting and banged on the roof of
Soomro's vehicle. As Soomro then drove away, Kraus'
left arm was caught inside the vehicle. As confirmed by
two surveillance camera videos, the taxi dragged Kraus
approximately 80-100 feet down the street. Kraus remained on
his feet as he was pulled along by the taxi, before he
tumbled to the road. He was treated at Bellevue Hospital.
parties disagree as to whether Soomro was aware that Kraus
was caught in and being dragged by his taxi. Soomro continued
driving westbound on 57th Street after Kraus fell, and did
not stop until he reached the red light at 57th Street and
was stationed roughly across the street from Kraus. Lamur
observed Kraus approach Soomro and motion for Soomro to keep
going. As Lamur saw Kraus being pulled along by the taxi, he
ran after the taxi. Lamur caught up with Soomro at the
intersection of 57th Street and Sixth Avenue and arrested
prepared the arrest paperwork, spoke with prosecutors at the
New York County District Attorney's Office
(“DA”), and signed a criminal complaint on
October 10 at 11:05 p.m. The criminal complaint charges
Soomro with assault in the second degree, pursuant to New
York Penal Law (“NYPL”) § 120.05(3) and
includes the following statement:
Deponent [Lamur] states that deponent is informed by Police
Officer Timothy Kraus, Shield 20901 of Manhattan Traffic Task
Force, that when informant told the [Plaintiff] to move his
taxi, the defendant (i) drove off, (ii) half of
informant's body was still in said taxi as the defendant
drove off, (iii) informant was hanging out of the taxi and
was unable to get out of the taxi as the defendant drove off,
(iv) informant fell out of the window and rolled on the
ground causing informant to [suffer pain and injuries].
(Emphasis supplied.) Lamur also told the DA that Kraus could
not put his feet down because the taxi was ...