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Hardy v. Police Officer Daly

United States District Court, S.D. New York

September 5, 2017

RICHARD HARDY, Plaintiff,
v.
POLICE OFFICER DALY and POLICE OFFICER GRULLON, Defendants.

          Pro Se Plaintiff RICHARD HARDY

          Attorney for Defendants NEW YORK CITY LAW DEPARTMENT By: Debra M. March, Esq.

          OPINION

          ROBERT W. SWEET, U.S.D.J.

         Defendants Police Officer Patrick Daly ("Officer Daly") and Police Officer Jorge Grullon ("Grullon") (collectively, the "Defendants") have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Amended Complaint of pro se plaintiff Richard Hardy ("Hardy" or the "Plaintiff"). Based upon the facts and conclusions set forth below, the motion is granted and the Amended Complaint is dismissed with prejudice.

         I. Prior Proceedings

         Hardy initiated the instant action on October 28, 2016, bringing claims of sexual assault and intentional infliction of emotional distress against Officer Daly. He amended his complaint on February 7, 2017 to add Officer Grullon as a named defendant (the "Amended Complaint").

         The Defendants' motion to dismiss the Amended Complaint was filed on May 17, 2017 and marked fully submitted on July 5, 2017.

         II. The Facts

         The facts as set forth below are drawn from the Plaintiff's Amended Complaint. They are taken as true for purposes of the motion to dismiss.

         On July 30, 2015, Plaintiff's wife, Leslie Meilleur Hardy, made a 911 domestic violence call, to which Police Officers Daly and Grullon responded. See Plaintiff's Amended Complaint ("Am. Compl."), ECF No. 13, pp. 2-4. Once the officers arrived, the Amended Complaint alleges, Officer Daly had sexual intercourse with Hardy's wife while Officer Grullon forced Hardy "down [the hallway] into another room." Id. at 2. Plaintiff alleges that initially he stood outside the bedroom door and heard a sexual act being performed on Officer Daly, but that Officer Grullon observed this and moved Plaintiff away from the door as Plaintiff attempted to enter the bedroom. Id. at 3.

         Plaintiff alleges that, after he emerged from the bedroom, Officer Daly confessed to Officer Grullon that he had sex with Plaintiff's wife. Id. at 2-3. Plaintiff claims that Officer Daly began threatening him, telling him "[i]f you ever try to have sex with her again I will kill you, " and "if you file suit against me I will kill you." Id. at 3.

         Plaintiff states that he reported this incident to police officers on duty at a TD Bank in Manhattan, filed a report with a police sergeant, and was interviewed by the Internal Affairs department before filing suit. Id. He claims that his wife suffers from mental illness and was "tricked" to engage in the sexual acts described. Id.

         III. The Applicable Standards

         The Rule 12(b) (6) standard requires that a complaint plead sufficient facts to state a claim upon which relief can be granted. Ashcroft v. Iqbal,556 U.S. 662, 677-78 (2009); Bell Atl. Corp. v. Twombly,550 U.S. 544, 570 (2007). On a motion to dismiss under Fed. R. Civ. P 12(b)(6), all factual allegations in the complaint are accepted as true, and all reasonable inferences are drawn in the plaintiff's favor. Littlejohn v. City of N.Y.,795 F.3d 297, 306 (2d Cir. 2015); Mills v. Polar Molecular Corp.,12 F.3d 1170, 1174 (2d Cir. 1993). However, "a plaintiff s obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions." Twombly, 550 U.S. at 555 (quotation marks omitted). A complaint must contain ...


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