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Garcia v. County of Westchester

United States District Court, S.D. New York

November 20, 2017

JOSEPH GARCIA, Plaintiff,
v.
COUNTY OF WESTCHESTER; TOWN OF MT. PLEASANT, NEW YORK; GEORGE N. LONGWORTH, Commissioner-Sheriff; LOUIS ALAGNO, Town of Mount Pleasant Police Chief; POLICE OFFICER RONALD BECKLEY; POLICE OFFICER PAUL J. CUSANO; POLICE OFFICER RONALD GAGNON; POLICE OFFICER BRIAN BOSAN; LT. RUSSELL W. LOWENSTEIN; JOHN DOES # 1-30, Defendants. YVES DELPECHE, Plaintiff,
v.
COUNTY OF WESTCHESTER; TOWN OF MT. PLEASANT, NEW YORK; COMMISSIONER GEORGE N. LONGWORTH, Westchester County Dept. of Public Safety; LOUIS ALAGNO, Town of Mount Pleasant, New York Police Chief; POLICE OFFICER RONALD BECKLEY; POLICE OFFICER RONALD GAGNON; POLICE OFFICER BRIAN BOSAN; LT. RUSSELL W. LOWENSTEIN; JOHN DOES # 1-30, Defendants. MARTIN LaROCHE, Plaintiff,
v.
COUNTY OF WESTCHESTER; TOWN OF MT. PLEASANT, NEW YORK; GEORGE N. LONGWORTH, Commissioner-Sheriff; LOUIS ALAGNO, Town of Mt. Pleasant Police Chief; RONALD BECKLEY, Police Officer; RONALD GAGNON, Police Officer; JOHN DOES # 1-30; CARL CASTAGNA, Police Officer; JUSTIN JACOBSON, Police Officer, Defendants. REBECCA GALLO, Plaintiff,
v.
COUNTY OF WESTCHESTER; TOWN OF MT. PLEASANT, NEW YORK; COMMISSIONER-SHERIFF GEORGE N. LONGWORTH; LOUIS ALAGNO, Town of Mount Pleasant Police Chief; RONALD BECKLEY, Police Officer; RONALD GAGNON, Police Officer; POLICE OFFICER JOHN DOE; JOHN DOES # 1-30; CARL CASTAGNA, Police Officer, Defendants. DANIEL PARKER, Plaintiff,
v.
COUNTY OF WESTCHESTER; TOWN OF MOUNT PLEASANT, NEW YORK; GEORGE N. LONGWORTH, Commissioner-Sheriff; LOUIS ALAGNO, Town of Mount Pleasant, New York Police Chief; RONALD BECKLEY, Police Officer; RONALD GAGNON, Police Officer; BRIAN BOSAN, Police Officer; LT. RUSSELL W. LOWENSTEIN; JOHN DOES # 1-30; CARL CASTAGNA, Police Officer, Defendants. DESMOND HINDS, Plaintiff,
v.
COUNTY OF WESTCHESTER; VILLAGE OF PLEASANTVILLE, NEW YORK; TOWN OF MOUNT PLEASANT, NEW YORK; GEORGE N. LONGWORTH, Commissioner-Sheriff; ANTHONY CHIARLITTI, Village of Pleasantville Former Police Chief; LOUIS ALAGNO, Town of Mount Pleasant, New York Police Chief; AARON HESS, Police Officer; RONALD BECKLEY, Police Officer; RONALD GAGNON, Police Officer; MARCO A. MENDOZA, Detective; MARTIN GREENBERG, Detective; JOHN DOES # 1-30; JUSTIN JACOBSON, Police Officer, Defendants. JOSEPH ROMANICK, Plaintiff,
v.
COUNTY OF WESTCHESTER; TOWN OF MOUNT PLEASANT, NEW YORK; COMMISSIONER GEORGE N. LONGWORTH; LOUIS ALAGNO, Town of Mount Pleasant, New York Police Chief; POLICE OFFICER RONALD BECKLEY; POLICE OFFICER RONALD GAGNON; DETECTIVE MARCO A. MENDOZA; DETECTIVE MATTHEW F. BROWN; DETECTIVE MARTIN GREENBERG; POLICE OFFICER GEORGE W. WINSMAN; JOHN DOES # 1-30, Defendants.

          Bonita E. Zelman, Esq. Law Offices of Bonita Zelman New York, NY Counsel for Plaintiffs.

          David S. Yohay, Esq. LaCheen Dixon Wittels & Greenberg, LLP Philadelphia, PA Counsel for Plaintiffs.

          Joan LeGraw, Esq. Legal Advocacy & Resource Center Boston, MA Counsel for Plaintiffs.

          Paula J. Kelly, Esq. Law Offices of Paula Johnson Kelly New Rochelle, NY Counsel for Plaintiffs.

          Drew W. Sumner, Esq. Carl S. Sandel, Esq. Kenneth E. Pitcoff, Esq. Rebecca J. Rosedale, Esq. Morris Duffy Alonso & Faley New York, NY Counsel for Defendants County of Westchester, Town of Mount Pleasant, New York, Commissioner George N. Longworth, Louis Alagno, Police Officer Ronald Beckley, Police Officer Ronald Gagnon, Police Officer Brian Bosan, Lt. Russell W. Lowenstein, Carl Castagna, Justin Jacobson, Marco A. Mendoza, Martin Greenberg, Matthew F. Brown, and George W. Winsman.

          James A. Randazzo, Esq. Caitlin G. Scheir, Esq. Gaines, Novick, Ponzini, Cossu & Venditti, LLP White Plains, NY Counsel for Defendants Village of Pleasantville, New York, and Anthony Chiarlitti.

          Brian S. Sokoloff, Esq. David A. Gold, Esq. Leo Dorfman, Esq. Sokoloff Stern LLP Carle Place, NY Counsel for Defendant Aaron Hess.

          OPINION & ORDER

          KENNETH M. KARAS, UNITED STATES DISTRICT JUDGE

         Plaintiffs Joseph Garcia, Yves Delpeche, Martin LaRoche, Rebecca Gallo, Daniel Parker, Desmond Hinds, and Joseph Romanick (collectively, “Plaintiffs”), brought these Actions against the County of Westchester, the Village of Pleasantville, the Town of Mount Pleasant, George N. Longworth, Anthony Chiarlitti, Louis Alagno, Aaron Hess, Ronald Beckley, Ronald Gagnon, Brian Bosan, Russell W. Lowenstein, Carl Castagna, Marco A. Mendoza, Matthew Brown, Martin Greenberg, George Winsman, Justin Jacobson, and John Does # 1-30 (collectively, “Defendants”), alleging various violations of their state and federal rights arising out of an incident in the evening on October 16, 2010 in which two other individuals, D.J. Henry and Brandon Cox, were shot by Defendant Officer Aaron Hess in the parking lot of a shopping center. Plaintiffs have brought a number of claims, including, among others, false arrest, excessive force, malicious prosecution, and intentional infliction of emotional distress. Before the Court are Defendants' Motions for Summary Judgment. (See Dkt. No. 291, 11-CV-7258 Dkt.; Dkt. No. 244, 11-CV-7260 Dkt.; Dkt. No. 240, 11-CV-7261 Dkt.; Dkt. No. 229, 11-CV-7262 Dkt.; Dkt. No. 254, 11-CV-7264 Dkt.; Dkt. Nos. 254, 258, 262, 11-CV-7265 Dkt.; Dkt. No. 243; 11-CV-7267 Dkt.) For the following reasons, the Motions are granted in part and denied in part.

         I. Background

         A. Factual Background

         Officer Hess's encounter with D.J. Henry, Brandon Cox, and Plaintiff Desmond Hinds is already the subject of an Opinion & Order issued by this Court on September 26, 2017 in related the case brought by Brandon Cox. (See Op. & Order (“Cox Op.”) (Dkt. No. 131, 11-CV-6516 Dkt.).) That encounter, in which Officer Hess fired several shots into the front windshield of a car driven by D.J. Henry, with Brandon Cox in the passenger seat and Desmond Hinds in the backseat, sets the background for many of the claims raised in these Actions. The details of that encounter, however, are not material to the disposition of these Motions, except with respect to Hinds. For that reason, and to avoid repetition, the Court will not repeat the facts giving rise to the interaction between Hess and the vehicle driven by D.J. Henry. Except where noted, the Court will assume here the same version of facts set forth by Plaintiff and accepted as true in the Cox Opinion.

         Moreover, because this case comes before the Court on Defendants' Motions for Summary Judgment, the Court will recite only either undisputed facts or those set forth by Plaintiffs and supported by the record. The Court will not, except as noted, set forth Defendants' version of the facts where disputed.

         1. Allegations Regarding Joseph Garcia

         On the evening of October 16, 2010, Plaintiff Joseph Garcia was a student at Pace University and a member of the football team. (See Decl. of Bonita E. Zelman (“Garcia Zelman Decl.”) Ex. 4 (“Garcia 50-h Testimony”), at 5-6 (Dkt. No. 302, 11-CV-7258 Dkt.); see also Pl. Joseph Garcia's Statement of Additional Disputed Facts Pursuant to Local Rule 56.1(B) (“Pl.'s Garcia 56.1”) ¶ 1 (Dkt. No. 304, 11-CV-7258 Dkt.); County & Town Defs.' Resp. to Pl.'s Counter 56.1 Statement (“Defs.' Garcia 56.1 Resp.”) ¶ 1 (Dkt. No. 310, 11-CV-7258 Dkt.).) That evening was the night of the homecoming game, and after the game, Garcia went to Finnegan's bar in Mount Pleasant, New York. (See Garcia 50-h Testimony 10, 17-20; Pl.'s Garcia 56.1 ¶ 1; Defs.' Garcia 56.1 Resp. ¶ 1.) At some point in the night, the staff at Finnegan's announced the bar was closing for reasons unrelated to Garcia or any of his friends. As Garcia was leaving, he heard three or four gunshots. (See Garcia Zelman Decl. Ex. 1 (“Garcia Dep.”), at 187, 191-92; see also Pl.'s Garcia 56.1 ¶ 2; Defs.' Garcia 56.1 Resp. ¶ 2.)

         After Garcia left Finnegan's, he saw approximately 15 police officers and five or six police vehicles outside. (See Garcia 50-h Testimony 25; see also Pl.'s Garcia 56.1 ¶ 3; Defs.' Garcia 56.1 Resp. ¶ 3.) Garcia looked down the roadway and saw his friend, D.J. Henry, lying in the street, and also saw Henry's car in the middle of the street. (See Garcia 50-h Testimony 26, 28; see also Pl.'s Garcia 56.1 ¶ 4; Defs.' Garcia 56.1 Resp. ¶ 4.) As Garcia approached Henry's vehicle, he asked a police officer, “what happened?” to which the police officer, who had a gun in his hands, responded, “get the fuck back.” (See Garcia Dep. 196-97, 200; Pl.'s Garcia 56.1 ¶ 6; Defs.' Garcia 56.1 Resp. ¶ 6.) Garcia complied and moved back onto the sidewalk. (See Garcia Dep. 197-98; see also Pl.'s Garcia 56.1 ¶ 6; Defs.' Garcia 56.1 Resp. ¶ 6.)

         At that time, Garcia saw his friend, Plaintiff Yves Delpeche, standing on the sidewalk with his back against the wall and his arms raised above his head while four officers were pointing their weapons at him. (See Garcia Dep. 235-36; Garcia 50-h Testimony 41-42; see also Pl.'s Garcia 56.1 ¶ 8; Defs.' Garcia 56.1 Resp. ¶ 8.) Garcia could see red dots from Tasers aimed at Delpeche's chest and head. (See Garcia 50-h Testimony 43; see also Pl.'s Garcia 56.1 ¶ 8; Defs.' Garcia 56.1 Resp. ¶ 8.) Garcia walked toward Delpeche but, as he was doing so, he was grabbed by Defendant Officer Cusano, slammed into a brick wall, punched, and Tased in the back. (See Garcia Dep. 246-47; Garcia Zelman Decl. Ex. 6 (“Cusano Dep.”), at 125-27; see also Pl.'s Garcia 56.1 ¶ 9; Defs.' Garcia 56.1 Resp. ¶ 9.)[1] Garcia was handcuffed and arrested by Officer Cusano because of his presence in the area where Delpeche and Defendant Officer Bosan, who was in the process of arresting Delpeche, were standing. (See Cusano Dep. 40-41, 126-28; see also Pl.'s Garcia 56.1 ¶ 10; Defs.' Garcia 56.1 Resp. ¶ 10.) Officer Bosan testified that he could not see everything that happened between Garcia and Officer Cusano, but did note that he witnessed a verbal exchange (not described by either Garcia or Officer Cusano in their testimony) and then saw the two struggle and go to the ground. (See Garcia Zelman Decl. Ex. 2, at 347; see also Pl.'s Garcia 56.1 ¶¶ 12-13; Defs.' Garcia 56.1 Resp. ¶¶ 12-13.)

         Garcia was eventually taken to the police station where he was placed in a holding cell until the morning. (See Garcia Dep. 279; see also Pl.'s Garcia 56.1 ¶ 17; Defs.' Garcia 56.1 Resp. ¶ 17.) Garcia was later charged with disorderly conduct and obstructing governmental administration. (See Garcia Zelman Decl. Ex. 5; see also Pl.'s Garcia 56.1 ¶ 22; Defs.' Garcia 56.1 Resp. ¶ 22.) Officer Bosan is listed as the complainant on the Superseding Misdemeanor Information. (See Garcia Zelman Decl. Ex. 5; see also Pl.'s Garcia 56.1 ¶ 22; Defs.' Garcia 56.1 Resp. ¶ 22.) As a result of the charges levied against him, Garcia was forced to make four court appearances. (See Cox 50-h Testimony 78; see also Pl.'s Garcia 56.1 ¶ 43; Defs.' Garcia 56.1 Resp. ¶ 43.) The District Attorney's Office ultimately moved to dismiss the charges against Garcia (and others) in the interest of justice, saying:

In sum, the continued prosecution of defendants, resulting in multiple future criminal trials, would be inimical to a fair, merciful and just result, as (1) defendants' criminal conduct was motivated by their emotional (however misguided under the circumstances) desire to assist their friend who was tragically shot, as well as anger and frustration at that devastating event; (2) defendants' actions, when viewed as an emotional reaction to the immediately preceding unique event of the tragic death of a friend reasonably suggests that their conduct constituted isolated instances of wrongdoing committed under unusually stressful circumstances, conduct unlikely to occur again (and thus significantly reducing the need to subject defendants to a criminal sentence); (3) defendants' offenses did not result in any physical injuries; and (4) the defendants' backgrounds support the view that these cases represent isolated incidents of poor behavior under unique circumstances (i.e., their lack of prior criminal convictions, their relatively young age, and their status (at the time of the events) as contributing members to the local community and matriculating college students at Pace University).

(Decl. of Drew W. Sumner (“Garcia Sumner Decl.”) Ex. D, at 14-15 (Dkt. No. 293, 11-CV-7258 Dkt.).) The Town Court granted the motion dismissing the charges, (see Garcia Sumner Decl. Ex. E), saying that the “gentlemen who came in [the courtroom] presumed innocent will leave here innocent, ” (Garcia Zelman Decl. Ex. 3, at 11).

         2. Allegations Regarding Yves Delpeche

         On the evening of October 16, 2010, Yves Delpeche was a student at Pace University and a member of the football team. (Decl. of Bonita E. Zelman (“Delpeche Zelman Decl.”) Ex. 1 (“Delpeche Dep.”), at 53 (Dkt. No. 258, 11-CV-7260 Dkt.); see also Pl. Yves Delpeche's Statement of Additional Disputed Facts Pursuant to Local Rule 56.1(B) (“Pl.'s Delpeche 56.1”) ¶ 1 (Dkt. No. 256, 11-CV-7260 Dkt.); County & Town Defs.' Resp. to Pl.'s Counter 56.1 Statement (“Defs.' Delpeche 56.1 Resp.”) ¶ 1 (Dkt. No. 264, 11-CV-7260 Dkt.).) Like Garcia, he was at Finnegan's after the homecoming game. (See Delpeche Dep. 108; see also Pl.'s Delpeche 56.1 ¶ 1; Defs.' Delpeche 56.1 Resp. ¶ 1.) At some point after Henry had already departed, Delpeche attempted to exit Finnegan's, but was not able to do so. (See Delpeche Dep. 129-31; see also Pl.'s Delpeche 56.1 ¶ 2; Defs.' Delpeche 56.1 Resp. ¶ 2.) The lights in Finnegan's eventually came on and Delpeche was able to leave when the door opened; it was then that he heard someone say there had been a shooting outside. (See Delpeche Dep. 131; see also Pl.'s Delpeche 56.1 ¶ 2; Defs.' Delpeche 56.1 Resp. ¶ 2.)

         When Delpeche got outside of Finnegan's, he saw people on the sidewalk and in the parking lot crying and screaming, saying that someone had been shot. (See Delpeche Dep. 139; see also Defs.' Local Rule 56.1 Statement (“Defs.' Delpeche 56.1”) ¶ 3 (Dkt. No. 246, 11-CV-7260 Dkt.); Pl.'s Resp. to Defs.' Local Rule 56.1 Statement (“Pl.'s Delpeche 56.1 Resp.”) ¶ 3 (Dkt. No. 255; 11-CV-7260 Dkt.).) Matt Arciero, a Finnegan's bartender and football teammate, approached Delpeche and warned him not to go over to a particular area. (See Delpeche Dep. 139-40; see also Defs.' Delpeche 56.1 ¶ 4; Pl.'s Delpeche 56.1 Resp. ¶ 4.) Despite Arciero's warning, Delpeche, who saw what he recognized as Henry's vehicle in the middle of the road, began to approach that area of the roadway. (See Delpeche Dep. 141; see also Defs.' Delpeche 56.1 ¶ 5; Pl.'s Delpeche 56.1 Resp. ¶ 5.) Although Delpeche could see Henry's legs on the ground, (see Delpeche Dep. 141), he could not see the upper body or face because a police officer stepped forward and put a gun in his face, (see Id. at 142; see also Pl.'s Delpeche 56.1 ¶ 5; Defs.' Delpeche 56.1 Resp. ¶ 5). The police officer who put the gun in Delpeche's face told him to “[b]ack the fuck up.” (Delpeche Dep. 143; see also Pl.'s Delpeche 56.1 ¶ 6; Defs.' Delpeche 56.1 Resp. ¶ 6.) Delpeche was in shock and “froze” upon having a gun put in his face; another student, Joseph Fasano, pulled Delpeche back onto the sidewalk, near a wall. (See Delpeche Dep. 165-66; see also Pl.'s Delpeche 56.1 ¶ 7; Defs.' Delpeche 56.1 Resp. ¶ 7.)

         After Fasano let go of Delpeche, Delpeche stayed on the sidewalk, but moved a couple of feet laterally toward a different police officer. (See Delpeche Dep. 186, 189.) The officer saw Delpeche and drew his gun, pointing it at Delpeche, and he moved closer toward Delpeche as Delpeche moved along the sidewalk. (See Id. at 189.) Delpeche told the officer that he was unarmed and just wanted to ask questions about his friend. (See Id. at 190-91; see also Pl.'s Delpeche 56.1 ¶ 9; Defs.' Delpeche 56.1 Resp. ¶ 9.) The police officer told Delpeche to “shut the fuck up.” (See Delpeche Dep. 190-91; see also Pl.'s Delpeche 56.1 ¶ 9; Defs.' Delpeche 56.1 Resp. ¶ 9.) Delpeche continued, saying that he had done nothing wrong and just wanted to know what had happened to his friend (Henry); the officer continued to tell Delpeche to “shut the fuck up.” (Delpeche Dep. 191; see also Pl.'s Delpeche 56.1 ¶ 10; Defs.' Delpeche 56.1 Resp. ¶ 10.) Officers in the vicinity became aware of the interaction and Delpeche began to see more guns pointed in his direction. (See Delpeche Dep. 191; see also Pl.'s Delpeche 56.1 ¶ 10; Defs.' Delpeche 56.1 Resp. ¶ 10.) Delpeche continued to tell the officer that he was making a mistake and that he was just wanted to find out what had happened to Henry. (See Delpeche Dep. 195.) Delpeche saw red dots appear on his chest and he believed that as many as four weapons were pointed at him. (See Delpeche Dep. 198; see also Pl.'s Delpeche 56.1 ¶ 15; Defs.' Delpeche 56.1 Resp. ¶ 15.)

         At that moment, Delpeche was Tasered and he collapsed to the ground. (See Delpeche Dep. 209, 553; see also Defs.' Delpeche 56.1 ¶ 17; Pl.'s Delpeche 56.1 Resp. ¶ 17; Pl.'s Delpeche 56.1 ¶ 16; Defs.' Delpeche 56.1 Resp. ¶ 17.) Police officers handcuffed Delpeche after he collapsed, picked him up, and escorted him to a police vehicle. (See Delpeche Dep. 214, 565-66; see also Defs.' Delpeche 56.1 ¶ 18; Pl.'s Delpeche 56.1 Resp. ¶ 18.) After being seen by an ambulance attendant, Delpeche was taken to the emergency room where the Taser prongs were removed from his abdomen. (See Delpeche Dep. 283, 329, 568-69; see also Defs.' Delpeche 56.1 ¶ 20; Pl.'s Delpeche 56.1 Resp. ¶ 20.) Delpeche later learned that the officer who had Tasered him was Officer Bosan. (See Delpeche Dep. 558; see also Pl.'s Delpeche 56.1 ¶ 27; Defs.' Delpeche 56.1 Resp. ¶ 27.)

         Officer Bosan had arrived on the scene on October 16, 2010 in response to a call that a fight was in progress at Finnegan's. (See Delpeche Zelman Decl. Ex. 3 (“Bosan Dep.”), at 190; see also Pl.'s Delpeche 56.1 ¶ 33; Defs.' Delpeche 56.1 Resp. ¶ 33.) When Officer Bosan arrived, he saw Hess sitting on the side of the road and saw a blond-haired woman with him. (See Bosan Dep. 195-201.) Officer Bosan and other officers established a perimeter at the scene, instructing students to stay back. (See Bosan Dep. 231; see also Pl.'s Delpeche 56.1 ¶ 40; Defs.' Delpeche 56.1 Resp. ¶ 40.) Officer Bosan testified that he observed Delpeche being told to move on several times prior to the encounter in which he was Tasered. (See Bosan Dep. 271; see also Defs.' Delpeche 56.1 ¶ 10; Pl.'s Delpeche 56.1 Resp. ¶ 10.)

         Delpeche was charged by way of a Misdemeanor Information with obstructing governmental administration in the second degree. (See Delpeche Zelman Decl. Ex. 6.) A Superseding Misdemeanor Information was thereafter filed, with Officer Bosan listed as the complainant, charging Delpeche with resisting arrest, obstructing governmental administration in the second degree, and disorderly conduct refusing to move on. (See Delpeche Zelman Decl. Ex. 7.) As with Garcia, the District Attorney's Office moved to dismiss the charges in the interest of justice and that application was granted. (See Defs.' Delpeche 56.1 ¶¶ 24-25; Pl.'s Delpeche 56.1 Resp. ¶¶ 24-25.)

         3. Allegations Regarding Martin LaRoche

         Plaintiff Martin LaRoche was at Finnegan's the night of October 16, 2010. (See Decl. of Bonita E. Zelman (“LaRoche Zelman Decl.”) Ex. 2 (“LaRoche Dep.”), at 432 (Dkt. No. 251, 11-CV-7261 Dkt.); see also Pl. Martin LaRoche's Statement of Additional Disputed Facts Pursuant to Local Rule 56.1(B) (“Pl.'s LaRoche 56.1”) ¶ 1 (Dkt. No. 253, 11-CV-7261 Dkt.); County & Town Defs.' Resp. to Pl.'s Counter 56.1 Statement (“Defs.' LaRoche 56.1 Resp.”) ¶ 1 (Dkt. No. 258, 11-CV-7261 Dkt.).) While he was in Finnegan's, someone ran inside and said, “Call an ambulance, someone has been shot.” (LaRoche Zelman Decl. Ex. 1, at 35; see also Pl.'s LaRoche 56.1 ¶ 1; Defs.' LaRoche 56.1 Resp. ¶ 1.) LaRoche and Delpeche rushed out the door and went to go see what was happening. (See LaRoche Dep. 446; see also Pl.'s LaRoche 56.1 ¶ 2; Defs.' LaRoche 56.1 Resp. ¶ 2.)

         Upon exiting Finnegan's, LaRoche saw his friend, Desmond Hinds, laying on the ground behind Henry's car and a police officer holding a gun in his right hand to the back of Hinds's head. (See LaRoche Dep. 447-49, 469; see also Pl.'s LaRoche 56.1 ¶ 3; Defs.' LaRoche 56.1 Resp. ¶ 3.) It appeared to LaRoche that Hinds was being handcuffed, as the police officer was placing Hinds's arms behind his back. (See LaRoche Dep. 471, 473; see also Pl.'s LaRoche 56.1 ¶ 4; Defs.' LaRoche 56.1 Resp. ¶ 4.) Although LaRoche did not know who the police officer was, Defendant Officer Justin Jacobsen testified that after Henry's vehicle came to a stop, he ran up to the passenger's side of the vehicle and told Defendant Officer Carl Castagna that they needed to handcuff the parties in the vehicle. (See LaRoche Zelman Decl. Ex. 3 (“Jacobsen Dep.”), at 47-52; see also Pl.'s LaRoche 56.1 ¶ 5; Defs.' LaRoche 56.1 Resp. ¶ 5.) Officer Jacobsen yelled at both Hinds and Cox to get down on the ground, after which he proceeded to holster his gun and pull Hinds's hands behind his back to handcuff him. (See Jacobsen Dep. 413-14, 417, 420; see also Pl.'s LaRoche 56.1 ¶ 6; Defs.' LaRoche 56.1 Resp. ¶ 6.) Meanwhile, Defendant Officer Ronald Gagnon went to the driver's side of the car and removed Henry from the vehicle. (See Jacobsen Dep. 151; see also Pl.'s LaRoche 56.1 ¶ 7; Defs.' LaRoche 56.1 Resp. ¶ 7.) For his part, Officer Castagna assisted Officer Jacobsen by holding his leg across the side of Hinds's body until he was handcuffed. (See LaRoche Zelman Decl. Ex. 4 at 108-09; see also Pl.'s LaRoche 56.1 ¶ 9; Defs.' LaRoche 56.1 Resp. ¶ 9.)

         Seeing that his friend was being handcuffed, LaRoche approached the police officer handcuffing Hinds (Officer Jacobsen) and told him that there had “been a mistake, ” believing that the police officer had made a mistake in apprehending Hinds. (See LaRoche Dep. 475; see also Pl.'s LaRoche 56.1 ¶ 12; Defs.' LaRoche 56.1 Resp. ¶ 12.) LaRoche got close enough to speak with Officer Jacobsen and voice his concerns; he could still see the gun pointed at the back of Hinds's head. (See LaRoche Dep. 477-78; see also Pl.'s LaRoche 56.1 ¶ 13; Defs.' LaRoche 56.1 Resp. ¶ 13.) After LaRoche spoke, however, Officer Jacobsen pointed his gun at LaRoche and said, “[b]ack the fuck up, or you'll be next.” (LaRoche Dep. 475-76; see also Pl.'s LaRoche 56.1 ¶ 14; Defs.' LaRoche 56.1 Resp. ¶ 14.) LaRoche immediately backed away from Officer Jacobsen, and Officer Jacobsen redirected his attention to Hinds. (See LaRoche Dep. 477-79; see also Pl.'s LaRoche 56.1 ¶ 14; Defs.' LaRoche 56.1 Resp. ¶ 14.) As LaRoche backed away, Hinds asked him to “[g]o check on D.J. [Henry].” (LaRoche Dep. 479; see also Pl.'s LaRoche 56.1 ¶ 16; Defs.' LaRoche 56.1 Resp. ¶ 16.)

         LaRoche went to go check on Henry by approaching the passenger's side of the vehicle (without getting closer to Hinds), but some other police officers again told LaRoche, “back the fuck up.” (See LaRoche Dep. 479-81; see also Pl.'s LaRoche 56.1 ¶ 16; Defs.' LaRoche 56.1 Resp. ¶ 16.) From where he was on the passenger's side, approximately two feet away from the vehicle, LaRoche could see over the top of the car and could see that Henry's body was laying on the ground on the driver's side of the vehicle. (See LaRoche Dep. 483-85; see also Pl.'s LaRoche 56.1 ¶ 17; Defs.' LaRoche 56.1 Resp. ¶ 17.) LaRoche backed up toward the sidewalk and walked around the vehicle to get closer to Henry, trying to avoid Hinds and the areas where police officers were. (See LaRoche Dep. 485-87; see also Pl.'s LaRoche 56.1 ¶ 18; Defs.' LaRoche 56.1 Resp. ¶ 18.) At that time, LaRoche got a full view of Henry's body as it was turned over and could see blood on his shirt. (See LaRoche Dep. 484-88.)

         As LaRoche headed back toward Finnegan's, he was approached by another police officer, now believed by LaRoche to be Officer Castagna. (See LaRoche Dep. 721-22; see also Pl.'s LaRoche 56.1 ¶ 20; Defs.' LaRoche 56.1 Resp. ¶ 20.) Officer Castagna pointed his gun at LaRoche in a “two-hand combat stance” and told LaRoche to “[b]ack the fuck up.” (LaRoche Dep. 721-22; see also Pl.'s LaRoche 56.1 ¶ 20; Defs.' LaRoche 56.1 Resp. ¶ 20.) Although LaRoche claims in his 56.1 statement that he complied with Officer Castagna's directions, the cited pages do not support that testimony. (See Pl.'s LaRoche 56.1 ¶ 20 (citing LaRoche Dep. 721-22, 729-31).)

         LaRoche walked to the area where Delpeche was on the sidewalk and could see that Delpeche was backing away from the curb and farther onto the sidewalk. (See LaRoche Dep. 500, 693; see also Pl.'s LaRoche 56.1 ¶ 21; Defs.' LaRoche 56.1 Resp. ¶ 21.) When LaRoche was a few feet away from Delpeche, he could see that Delpeche was backing away from four or five police officers who were within about five feet of Delpeche and had their weapons drawn. (See LaRoche Dep. 694; see also Pl.'s LaRoche 56.1 ¶ 22; Defs.' LaRoche 56.1 Resp. ¶ 22.) At the time LaRoche reached where Delpeche was, the officers had their weapons pointed at LaRoche as well, and both he and Delpeche put their hands up and backed away until their backs were against the wall of a store. (See LaRoche Dep. 697-98; see also Pl.'s LaRoche 56.1 ¶ 23; Defs.' LaRoche 56.1 Resp. ¶ 23.) It was at this time that Delpeche was Tasered by a police officer. (See LaRoche Dep. 500-02, 699; see also Pl.'s LaRoche 56.1 ¶ 24; Defs.' LaRoche 56.1 Resp. ¶ 24.) LaRoche was not Tasered and was not touched by any police officer while he was in the shopping center. (See LaRoche Dep. 730; see also Pl.'s LaRoche 56.1 ¶ 8; Defs.' LaRoche 56.1 Resp. ¶ 8.)

         4. Allegations Regarding Rebecca Gallo

         At the time of the events in question, Plaintiff Rebecca Gallo was a 20-year-old student at Pace University. (See Decl. of Bonita E. Zelman (“Gallo Zelman Decl.”) Ex. 1 (“Gallo 50-h Testimony”), at 5-6 (Dkt. No. 244, 11-CV-7262 Dkt.); see also Pl. Rebecca Gallo's Statement of Additional Disputed Facts Pursuant to Local Rule 56.1(B) (“Pl.'s Gallo 56.1”) ¶ 1 (Dkt. No. 246, 11-CV-7262 Dkt.); County & Town Defs.' Resp. to Pl.'s Counter 56.1 Statement (“Defs.' Gallo 56.1 Resp.”) ¶ 1 (Dkt. No. 251, 11-CV-7262 Dkt.).) On the evening of October 16, 2010, Gallo was standing outside of Finnegan's when she heard a screeching sound followed by a series of gunshots coming from her right side. (See Gallo Zelman Decl. Ex. 2 (“Gallo Dep.”), at 170, 178; see also Pl.'s Gallo 56.1 ¶¶ 2-3; Defs.' Gallo 56.1 Resp. ¶¶ 2-3.) Gallo ran on the sidewalk in the direction of the gunshots, where she saw Hinds laying on the ground already in handcuffs. (See Gallo Dep. 183-84, 193; see also Pl.'s Gallo 56.1 ¶ 4; Defs.' Gallo 56.1 Resp. ¶ 4.) Gallo moved to where Hinds was laying, half on the sidewalk and half in the roadway, where nobody else was standing; Gallo was as close as five feet to Hinds. (See Gallo Dep. 185, 188; see also Pl.'s Gallo 56.1 ¶ 5; Defs.' Gallo 56.1 Resp. ¶ 5.) When Gallo got near Hinds, she called out his name several times. (See Gallo Dep. 194; see also Pl.'s Gallo 56.1 ¶ 7; Defs.' Gallo 56.1 Resp. ¶ 7.)

         At this point in time, a police officer, now believed by Gallo to be Officer Castagna, approached Gallo and others on the sidewalk with his gun drawn. (See Gallo Dep. 195; see also Pl.'s Gallo 56.1 ¶ 8; Defs.' Gallo 56.1 Resp. ¶ 8.) Officer Castagna had the gun pointed at Gallo's face and twice instructed her to “[g]et the fuck back.” (Gallo Dep. 201; see also Pl.'s Gallo 56.1 ¶ 8; Defs.' Gallo 56.1 Resp. ¶ 8.) Gallo, believing that Officer Castagna might shoot her, froze in the face of the weapon, backed up, and collapsed on the sidewalk. (See Gallo Dep. 201, 207-209; see also Pl.'s Gallo 56.1 ¶¶ 11-12; Defs.' Gallo 56.1 Resp. ¶¶ 11-12.) Gallo's boyfriend held her as she was falling down. (See Gallo Dep. 210-13; see also Pl.'s Gallo 56.1 ¶ 14; Defs.' Gallo 56.1 Resp. ¶ 14.) When she collapsed to the ground, Gallo ended up in a fetal position holding her knees up to her chest. (See Gallo Dep. 226; see also Pl.'s Gallo 56.1 ¶ 16; Defs.' Gallo 56.1 Resp. ¶ 16.) Gallo's interaction with Officer Castagna is depicted in full in a video taken on a cell phone by a third-party witness. (See Gallo Zelman Decl. Ex. 5.)

         5. Allegations Regarding Daniel Parker

         At the time of the events in question, Plaintiff Daniel Parker was a member of the Pace University football team and played in the homecoming game on October 16, 2010. (See Decl. of Bonita E. Zelman (“Parker Zelman Decl.”) Ex. 1 (“Parker 50-h Testimony”), at 4, 7-9 (Dkt. No. 265, 11-CV-7264 Dkt.); see also Pl. Daniel Parker's Statement of Additional Disputed Facts Pursuant to Local Rule 56.1(B) (“Pl.'s Parker 56.1”) ¶ 1 (Dkt. No. 267, 11-CV-7264 Dkt.); County & Town Defs.' Resp. to Pl.'s Counter 56.1 Statement (“Defs.' Parker 56.1 Resp.”) ¶ 1 (Dkt. No. 272, 11-CV-7264 Dkt.).) Like the other Plaintiffs, Parker was at Finnegan's after the game. (See Parker 50-h Testimony 6, 50-51; see also Pl.'s Parker 56.1 ¶ 1; Defs.' Parker 56.1 Resp. ¶ 1.) After the lights came on at Finnegan's and patrons were told to leave, (see Parker 50-h Testimony 52-53; Parker Zelman Decl. Ex. 2 (“Parker Dep.”), at 423; see also Pl.'s Parker 56.1 ¶ 2; Defs.' Parker 56.1 Resp. ¶ 2), Parker heard multiple gunshots fired in rapid succession, (see Parker 50-h Testimony 58-60; Parker Dep. 426; see also Pl.'s Parker 56.1 ¶ 3; Defs.' Parker 56.1 Resp. ¶ 3). The bar owner came in, pushed Parker aside, and said that someone needed to call the police. (See Parker 50-h Testimony 60; Parker Dep. 428-29, 443; see also Pl.'s Parker 56.1 ¶ 3; Defs.' Parker 56.1 Resp. ¶ 3.)

         Parker exited Finnegan's and looked to the right, where he saw Henry's car in the middle of the roadway. (See Parker 50-h Testimony 61; Parker Dep. 442, 489; see also Pl.'s Parker 56.1 ¶ 4; Defs.' Parker 56.1 Resp. ¶ 4.) Parker saw Henry getting handcuffed on the driver's side of his vehicle, (see Parker Dep. 443-45, 627-28; see also Pl.'s Parker 56.1 ¶ 5; Defs.' Parker 56.1 Resp. ¶ 5), and Parker began asking what Henry had done, (see Parker 50-h Testimony 67-68; Parker Dep. 444; see also Pl.'s Parker 56.1 ¶ 5; Defs.' Parker 56.1 Resp. ¶ 5). Parker also saw Hinds getting handcuffed. (See Parker Dep. 443; see also Pl.'s Parker 56.1 ¶ 5; Defs.' Parker 56.1 Resp. ¶ 5.) When Parker saw Hinds, he was laying on his side in handcuffs on the side of the curb. (See Parker 50-h Testimony 61; see also Pl.'s Parker 56.1 ¶ 6; Defs.' Parker 56.1 Resp. ¶ 6.) Parker walked toward Hinds, and when he was about five feet away, he asked Hinds whether he was all right. (See Parker 50-h Testimony 61; see also Pl.'s Parker 56.1 ¶ 6; Defs.' Parker 56.1 Resp. ¶ 6.) Hinds told Parker that Henry had been shot. (See Parker 50-h Testimony 61; see also Pl.'s Parker 56.1 ¶ 6; Defs.' Parker 56.1 Resp. ¶ 6.) At the same time, an officer standing on the other side of Hinds directed Parker and others standing near Hinds to get back. (See Parker Dep. 622-25; see also Defs.' Local Rule 56.1 Statement (“Defs.' Parker 56.1”) ¶ 5 (Dkt. No. 257, 11-CV-7264 Dkt.).) The officer was holding a gun in his hands, but was not aiming it at Parker. (See Parker Dep. 624-25.) Parker complied and began to walk the other way, toward Finnegan's, asking out loud, “What happened? What happened?” (Parker Dep. 494, 625-26; see also Defs.' Parker 56.1 ¶ 5; Pl.'s Parker 56.1 ¶ 6; Defs.' Parker 56.1 Resp. ¶ 6.)[2]

         As he was headed back to Finnegan's, Parker saw Henry's feet on the other side of Henry's vehicle and could see police officers standing over him. (See Parker Dep. 495-96.) As he walked toward Henry, a police officer approached Parker. (See Id. at 503.) Parker asked the officer, “What happened?” to which the officer replied, “[g]et back.” (Id.; see also Defs.' Parker 56.1 ¶ 6.) Parker again asked the officer, “What happened?” and told the officer that Henry was his teammate. (Parker Dep. 503.) The officer again told Parker to “[g]et back.” (Id.) Parker took a step back and asked the officer what had happened to Henry, asking “What did he do?” (Id.; see also Defs.' Parker 56.1 ¶ 7.) The officer ordered Parker to “[g]et the fuck back.” (Parker Dep. 503; see also Defs.' Parker 56.1 ¶ 7.) There is no indication that Parker moved back at this time, and instead he looked at the officer and said, “[t]hat's my teammate. What did he do?” (Parker Dep. 503; see also Defs.' Parker ¶ 8.) The officer pulled out a gun, pointed it toward Parker's rib, and said, “[g]et the fuck back, or you'll be next.” (Parker Dep. 503.) Parker backed up. (See id; see also Pl.'s Parker 56.1 ¶ 8; Defs.' Parker Resp. ¶ 8.)

         At this time, Parker moved back in the direction of where Hinds was, but by that time, Hinds was being taken away in a police car. (See Parker Dep. 504; see also Pl.'s Parker 56.1 ¶ 9; Defs.' Parker 56.1 Resp. ¶ 9.) Parker next observed an officer with his gun raised yelling at people to “[g]et back, [g]et back.” (Parker Dep. 505; see also Pl.'s Parker 56.1 ¶ 11; Defs.' Parker 56.1 Resp. ¶ 11.) Parker froze at first in shock, then backed up a little bit before another student, Matt Spooner, led Parker away back toward Finnegan's. (See Parker Dep. 505; see also Pl.'s Parker 56.1 ¶¶ 11-12; Defs.' Parker 56.1 Resp. ¶¶ 11-12.)

         At some point after heading in the direction of Finnegan's, Parker changed direction and went back toward the area in which a police officer had told him to “[g]et back.” (See Parker Dep. 520-21; see also Defs.' Parker 56.1 ¶ 11.) Parker proceeded to walk into the fire lane to get a better view of Henry and to check on his friend. (See Parker Dep. 527.) From where he was standing on the sidewalk, Parker could see a female attempting to give Henry chest compressions. (See id; see also Pl.'s Parker 56.1 ¶ 16; Defs.' Parker 56.1 Resp. ¶ 16.) At this time, Officer Bosan approached Parker, telling him to get out of there. (See Parker Dep. 527.) Parker asked Officer Bosan whether he could go help the woman, now known to be Laura Sardilli, because he was CPR certified. (See Id. at 527-28; see also Pl.'s Parker 56.1 ¶ 18; Defs.' Parker 56.1 Resp. ¶ 18.) Parker also asked Officer Bosan to let him help Henry because he was his friend, but Officer Bosan told Parker, “[g]et out of here. Get the fuck out of here.” (Parker Dep. 528; see also Pl.'s Parker 56.1 ¶ 21; Defs.' Parker 56.1 Resp. ¶ 21.) Parker took a step back, (see Parker Dep. 528; see also Pl.'s Parker 56.1 ¶ 21; Defs.' Parker 56.1 Resp. ¶ 21), after which he again asked if he could help his friend, (see Parker Dep. 537; see also Pl.'s Parker 56.1 ¶ 22; Defs.' Parker 56.1 Resp. ¶ 22). Officer Bosan again told Parker, “[g]et the fuck back.” (Parker Dep. 538.)

         At this time, Sardilli stopped giving compressions and let Henry's head drop to the side, and Parker could see that his mouth was open and covered in blood. (See Parker Dep. 538; see also Pl.'s Parker 56.1 ¶ 22; Defs.' Parker 56.1 Resp. ¶ 22.) Seeing Henry's face, Parker pointed his left arm in the direction of Henry and told Officer Bosan, “[y]'all fucken killed him.” (Parker Dep. 538-39, 541; see also Defs.' Parker 56.1 ¶ 15.) Parker then told Officer Bosan to look, and he took a step toward his left. (See Parker Dep. 544; see also Defs.' Parker 56.1 ¶ 15.)[3] Officer Bosan told Parker to “[g]et the fuck back, ” to which Parker responded, “No. Look. You guys fucking killed him.” (Parker Dep. 544-45; see also Defs.' Parker 56.1 ¶ 16.) At this point, Officer Bosan punched Parker on the right side of his face. (See Parker Dep. 552-53, 639; see also Pl.'s Parker 56.1 ¶ 24; Defs.' Parker 56.1 Resp. ¶ 24.) Parker stumbled back a few steps and asked Bosan, “What did I do?”, after which Officer Bosan told him to shut up. (See Parker Dep. 565-66; see also Pl.'s Parker 56.1 ¶ 24; Defs.' Parker 56.1 Resp. ¶ 24.) Parker raised both of his hands up with his palms displayed. (See Parker Dep. 565; see also Pl.'s Parker 56.1 ¶ 24; Defs.' Parker 56.1 Resp. ¶ 24.) Officer Bosan forcefully threw Parker's body against the wall. (See Parker Dep. 549-55, 566-70; see also Pl.'s Parker 56.1 ¶ 24; Defs.' Parker 56.1 Resp. ¶ 24.) Parker heard Officer Bosan tell other police officers to “[c]uff his ass.” (Parker Dep. 566-67; see also Pl.'s Parker 56.1 ¶ 25; Defs.' Parker 56.1 Resp. ¶ 25.) Officer Bosan twisted Parker's arm, tackled him to the ground, and landed on the right side of his back. (See Parker 50-h Testimony 103; Parker Dep. 570; see also Pl.'s Parker 56.1 ¶ 25; Defs.' Parker 56.1 Resp. ¶ 25.) As he was being arrested, Parker could feel Officer Bosan and other officers hitting him, striking him in the face, stomping on him, kicking his legs, and punching the back of his head. (See Parker 50-h Testimony 111-14, 121-22; Parker Dep. 649, 651-55; see also Pl.'s Parker 56.1 ¶¶ 28-29; Defs.' Parker 56.1 Resp. ¶¶ 28-29.) Parker never resisted being handcuffed. (See Parker 50-h Testimony 122; see also Pl.'s Parker 56.1 ¶ 30; Defs.' Parker 56.1 Resp. ¶ 30.)

         The attack did not abate until Parker was lifted off the ground and taken to a police car. (See Parker Dep. 655; see also Pl.'s Parker 56.1 ¶ 32.) When Officer Bosan brought Parker to the police vehicle, he opened the car door and pushed Parker into the police car. (See Parker Dep. 595; see also Pl.'s Parker 56.1 ¶ 34; Defs.' Parker 56.1 Resp. ¶ 34.) Parker landed in the back seat with his legs still outside the vehicle; Officer Bosan slammed the car door on Parker's legs. (See Parker Dep. 595; see also Pl.'s Parker 56.1 ¶ 34; Defs.' Parker 56.1 Resp. ¶ 34.) Parker cried out in pain, and Officer Bosan told Parker to get his feet in the car, after which he kicked Parker's feet into the vehicle. (See Parker Dep. 595; see also Pl.'s Parker 56.1 ¶ 34; Defs.' Parker 56.1 Resp. ¶ 34.)

         Officer Bosan testified that he never saw Parker approach any police officers who were in the act of rendering medical aid to either Officer Hess or Henry. (See Bosan Dep. 461; see also Pl.'s Parker 56.1 ¶¶ 71-72; Defs.' Parker 56.1 Resp. ¶¶ 71-72.) Officer Bosan filed a Misdemeanor Information against Parker after his arrest, charging Parker with obstructing governmental administration in the second degree. (See Parker Zelman Decl. Ex. 4.) He later filed a superseding misdemeanor information on December 8, 2010, charging Parker with resisting arrest, obstructing governmental administration in the second degree, and disorderly conduct refusing to move on. (See Parker Zelman Decl. Ex. 5.) Like the charges against Garcia and Delpeche, the charges against Parker were dismissed upon motion by the District Attorney's Office. (See Parker Zelman Decl. Ex. 7.)

         6. Allegations Regarding Joseph Romanick

         Plaintiff Joseph Romanick was at Finnegan's on the evening of October 16, 2010. (See Decl. of Bonita E. Zelman (“Romanick Zelman Decl.”) Ex. 2 (“Romanick Dep.”), at 346-48 (Dkt. No. 254, 11-CV-7267 Dkt.); see also Defs.' Local Rule 56.1 Statement (“Defs.' Romanick 56.1”) ¶ 1 (Dkt. No. 246, 11-CV-7267 Dkt.); Pl.'s Resp. to Defs.' Local Rule 56.1 Statement (“Pl.'s Romanick 56.1 Resp.”) ¶ 1 (Dkt. No. 255, 11-CV-7267 Dkt.).) When the lights came on and patrons were instructed to leave, (see Romanick Dep. 347-48; see also Defs.' Romanick 56.1 ¶ 1; Pl.'s Romanick 56.1 Resp. ¶ 1), Romanick exited the bar, (see Romanick Dep. 348; see also Defs.' Romanick 56.1 ¶ 3; Pl.'s Romanick 56.1 Resp. ¶ 3). As he exited, something caught Romanick's attention and he walked down the sidewalk to investigate. (See Romanick Dep. 386-87; see also Defs.' Romanick 56.1 ¶ 3; Pl.'s Romanick 56.1 Resp. ¶ 3.) As Romanick approached an area of the shopping center with a Citibank and a bagel store, he noticed a crowd of people who appeared to be upset. (See Romanick Dep. 388; see also Defs.' Romanick 56.1 ¶ 4; Pl.'s Romanick 56.1 Resp. ¶ 4.) Romanick saw Hinds on the ground in handcuffs, and when he asked Hinds what had happened, Hinds replied that he believed Henry had been shot. (See Romanick Dep. 389-90; see also Defs.' Romanick 56.1 ¶ 4; Pl.'s Romanick 56.1 Resp. ¶ 4.) A police officer approached the scene and ordered everyone to get back, (see Romanick Dep. 393; see also Defs.' Romanick 56.1 ¶ 5; Pl.'s Romanick 56.1 Resp. ¶ 5), and Romanick complied, (see Romanick Dep. 393-94; see also Defs.' Romanick 56.1 ¶ 6; Pl.'s Romanick 56.1 Resp. ¶ 6).

         After backing up onto the sidewalk and walking back toward Finnegan's, Romanick walked into the street to try and find out what had happened to Henry. (See Romanick Dep. 397-98; see also Defs.' Romanick 56.1 ¶ 7; Pl.'s Romanick 56.1 Resp. ¶ 7.) A friend of Romanick's, Mike Ligouri, approached Romanick and brought him back to the sidewalk, telling him they needed to get out of there. (See Romanick Dep. 415-18; see also Defs.' Romanick 56.1 ¶ 8; Pl.'s Romanick 56.1 Resp. ¶ 8.) Although Romanick complied with Ligouri's insistence that he step out of the roadway, he did not follow Ligouri out of the area and instead remained on the sidewalk. (See Romanick Dep. 420-21.) A police officer in a yellow jacket was nearby, and he directed Romanick to remain on the sidewalk. (See Romanick Dep. 421-22; see also Defs.' Romanick 56.1 ¶ 8; Pl.'s Romanick 56.1 Resp. ¶ 8.) Romanick disregarded that order and approached Henry after he saw a woman administering chest compressions to Henry. (See Romanick Dep. 424-26; see also Defs.' Romanick 56.1 ¶ 9; Pl.'s Romanick 56.1 Resp. ¶ 9.)

         When Romanick returned to the sidewalk, he was approached by his friend Matt Arciero, who told Romanick they needed to leave. (See Romanick Dep. 426; see also Defs.' Romanick 56.1 ¶ 10; Pl.'s Romanick 56.1 Resp. ¶ 10.) Romanick was upset and did not want to leave, causing Arciero to place Romanick in a bear hug until he came to his senses. (See Romanick Dep. 427; see also Defs.' Romanick 56.1 ¶ 10; Pl.'s Romanick 56.1 Resp. ¶ 10.) The bear hug caused Romanick to move backward so that his back collided with the window of the bagel store, causing the window to break and collapse on top of him. (See Romanick Dep. 427; see also Defs.' Romanick 56.1 ¶ 11; Pl.'s Romanick 56.1 Resp. ¶ 11.) After the window broke, several police officers approached Romanick and told him to “get the fuck down.” (Romanick Dep. 453-54; see also Defs.' Romanick 56.1 ¶ 12; Pl.'s Romanick 56.1 Resp. ¶ 12.) Romanick moved forward, dropped to his knees, and put one arm behind his back-his other arm was in a sling. (See Romanick Dep. 440-42, 821; see also Defs.' Romanick 56.1 ¶ 12; Pl.'s Romanick 56.1 Resp. ¶ 12.) The officers tackled Romanick to the ground and cuffed his left hand before noticing the sling on his right hand, after which they cuffed his belt loop. (See Romanick Dep. 442-43, 455-56; see also Defs.' Romanick 56.1 ¶ 13; Pl.'s Romanick 56.1 Resp. ¶ 13.)

         Defendant Officer George Winsman testified that he was dispatched to the Thornwood Shopping Center on October 16, 2010 to respond to a shooting. (See Romanick Zelman Decl. Ex. 10 (“Winsman Dep.”), at 118-19; see also Defs.' Romanick 56.1 ¶ 19; Pl.'s Romanick 56.1 Resp. ¶ 19.) When Officer Winsman arrived, the scene was chaotic and many individuals were screaming, crying, and running around. (See Winsman Dep. 124; see also Defs.' Romanick 56.1 ¶ 19; Pl.'s Romanick 56.1 Resp. ¶ 19.) Officer Winsman testified that he observed Romanick and another man who was trying to calm Romanick down next to the window of the bagel shop, and he then saw Romanick's arm move backward into the window and break the glass. (See Winsman Dep. 175-78; see also Defs.' Romanick 56.1 ¶ 21; Pl.'s Romanick 56.1 Resp. ¶ 21.) Officer Winsman further testified that it was he who arrested Romanick after the window of the bagel shop broke. (See Winsman Dep. 25; see also Pl. Joseph Romanick's Statement of Additional Disputed Facts Pursuant to Local Rule 56.1(B) (“Pl.'s Romanick 56.1”) ¶ 12 (Dkt. No. 256, 11-CV-7267 Dkt.); County & Town Defs.' Resp. to Pl.'s Counter 56.1 Statement (“Defs.' Romanick 56.1 Resp.”) ¶ 12 (Dkt. No. 261, 11-CV-7267 Dkt.).)

         Defendant Detective Marco Mendoza arrived at the scene after the bagel store window was broken and observed Romanick sitting in the back of a police vehicle; he was told that Romanick was responsible for breaking the window of the bagel store. (See Decl. of Drew W. Sumner (“Romanick Sumner Decl.”) Ex. F (“Mendoza Dep.”), at 113-15 (Dkt. No. 245, 11-CV-7267 Dkt.); see also Defs.' Romanick 56.1 ¶ 23; Pl.'s Romanick 56.1 Resp. ¶ 23.) Detective Mendoza interviewed Stephen Van Ostrand, the owner of Finnegan's, who provided the following statement:

On Sunday, October 17, 2010, there was a major incident in the parking lot of the Thornwood Town Center. There was a lot of police officers on scene investigating. I two [sic] white males pushing and shoving each other. One of the males was wearing dark clothes. The other was wearing a white colored shirt and his arm was in a light colored sling. The guy with the white shirt was up against the large window of the old Bagel Works. His back was to the window. He was talking to someone looked [sic] like he was trying to calm him down. At one point he became upset and was yelling. The guy with the white shirt raised his hand in what looked like anger. He then pulled his hand back, causing his elbow to hit the window. The window shattered into pieces. An officer came over and arrested the guy for breaking the window. He was arrested right there where he was standing when the window broke.

(Mendoza Dep. 188-89; Romanick Zelman Decl. Ex. 6; see also Defs.' Romanick 56.1 ¶ 24; Pl.'s Romanick 56.1 Resp. ¶ 24.) The identification of an individual in a white shirt wearing a sling matched the description of Romanick. (See Defs.' Romanick 56.1 ¶ 24; Pl.'s Romanick 56.1 Resp. ¶ 24.)

         Several other witnesses also provided statements. Arciero testified at his deposition that while he was trying to restrain Romanick, he “pushed him up against the window, ” and “the glass shattered from the top down, onto both of us, and cops charged at the both of us.” (Romanick Zelman Decl. Ex. 3 (“Arciero Dep.”), at 114-15; see also Pl.'s Romanick 56.1 ¶ 8; Defs.' Romanick 56.1 Resp. ¶ 8.) Arciero told the officers he worked for the bar, and the officers left him alone and instead grabbed Romanick “and threw him on the floor and handcuffed him.” (Arciero Dep. 114-15; see also Pl.'s Romanick 56.1 ¶ 8; Defs.' Romanick 56.1 Resp. ¶ 8.) Nonparty Andrew Kehrer gave a sworn statement to Investigator Saunders and Defendant Detective Greenberg in which he observed: “Bouncer picked up kid and shoved him into window of bagel store. Window broke but kid was able to avoid falling glass.” (Romanick Zelman Decl. Ex. 8; see also Pl.'s Romanick 56.1 ¶ 9; Defs.' Romanick 56.1 Resp. ¶ 9.) Nonparty Ian Robert Coreth gave a sworn statement in which he stated that he “witnessed some guys yelling at each other. It appeared to be a bouncer, who then threw the other guy into the bagel store's window.” (Romanick Zelman Decl. Ex. 9; see also Pl.'s Romanick 56.1 ¶ 10; Defs.' Romanick 56.1 Resp. ¶ 10.) Defendant Detective Matthew Brown also took statements from Van Ostrand and Officer Winsman. (See Romanick Sumner Decl. Ex. K, at 139-60; Mendoza Dep. 191.)

         Detective Mendoza prepared a complaint charging Romanick with Criminal Mischief in the Third Degree based upon the statement of Van Ostrand. (See Romanick Zelman Decl. Ex. 11; see also Defs.' Romanick 56.1 ¶ 25; Pl.'s Romanick 56.1 Resp. ¶ 25.) Detective Greenberg thereafter filed a Superseding Misdemeanor Information against Romanick, charging him with two counts of Criminal Mischief in the Fourth Degree. (See Romanick Zelman Decl. Ex. 12; see also Pl.'s Romanick 56.1 ¶ 14; Defs.' Romanick 56.1 Resp. ¶ 14.) Like the other charges filed in these cases, the District Attorney's Office moved to dismiss the charges in the interest of justice, and the Town Court granted that application on the record. (See Romanick Zelman Decl. Exs. 4-5.)

         7. Allegations Regarding Desmond Hinds

         On the evening of October 16, 2010, Hinds was a patron at Finnegan's following the Pace homecoming game. (See Decl. of Bonita E. Zelman (“Hinds Zelman Decl.”) Ex. 1 (“Hinds Dep.”), at 131 (Dkt. No. 282, 11-CV-7265 Dkt.); see also Defs.' Local Rule 56.1 Statement (“Westchester Hinds 56.1”) ¶ 1 (Dkt. No. 265, 11-CV-7265 Dkt.); Pl.'s Resp. to Defs.' Local Rule 56.1 Statement (“Pl.'s Hinds 56.1 Westchester Resp.”) ¶ 1 (Dkt. No. 287, 11-CV-7265 Dkt.).) Upon exiting Finnegan's, Hinds walked over to where Henry and Cox were leaning against Henry's vehicle, and the three entered the vehicle together. (See Hinds Dep. 149, 152; see also Westchester Hinds 56.1 ¶ 2; Pl.'s Hinds 56.1 Westchester Resp. ¶ 2.) Henry was driving, Cox was in the front passenger seat, and Hinds sat in the rear driver's side seat before moving to the rear middle seat. (See Hinds Dep. 185; see also Westchester Hinds 56.1 ¶ 2; Pl.'s Hinds 56.1 Westchester Resp. ¶ 2.)

         As noted above, the facts surrounding the movement of Henry's vehicle and its interaction with Officer Hess are relayed in the Opinion & Order filed in the Cox case. (See Cox Op. 4-12.) Except where otherwise noted, the Court will not rehash those facts here, and will assume that the facts taken most favorably to Brandon Cox in that case should likewise be construed in Hinds's favor here.[4] For the sake of clarity, the Court notes that Hess shot through the windshield of the vehicle a total of four times. (See Cox Op. 10.) One bullet struck Cox in the arm, and multiple bullets hit Henry. (See Id. at 11.) Hinds was not struck by any bullets.

         After Henry's vehicle came to a stop, Officer Castagna approached the driver's side door of the vehicle and called a dispatcher to send a medic and an ambulance to the scene. (See Castagna Dep. 99, 105; see also Westchester Hinds 56.1 ¶ 8; Pl.'s Hinds 56.1 Westchester Resp. ¶ 8.) Officer Jacobsen, meanwhile, approached the passenger side of the vehicle. (See Jacobsen Dep. 48; see also Westchester Hinds 56.1 ¶ 8; Pl.'s Hinds 56.1 Westchester Resp. ¶ 8.) Hinds was grabbed out of the vehicle and thrown to the ground by a police officer and his head hit the ground. (See Hinds Dep. 314-16, 470-71; see also Westchester Hinds 56.1 ¶ 9; Pl.'s Hinds 56.1 Westchester Resp. ¶ 9.) Hinds turned his head to look at the police officer over his right shoulder and stated, “Officer, we did absolutely nothing wrong.” (Hinds Dep. 476; see also Westchester Hinds 56.1 ¶ 10; Pl.'s Hinds 56.1 Westchester Resp. ¶ 10.) The police officer told Hinds to “Shut the fuck up, ” and pointed his gun at Hinds's head. (See Hinds Dep. 476-77; see also Westchester Hinds 56.1 ¶ 11; Pl.'s Hinds 56.1 Westchester Resp. ¶ 11.) The officer then slammed Hinds's head into the ground for a second time. (See Hinds Dep. 478; see also Westchester Hinds 56.1 ¶ 12; Pl.'s Hinds 56.1 Westchester Resp. ¶ 12.) Officer Jacobsen thereafter handcuffed Hinds. (See Jacobsen Dep. 50-51; see also Westchester Hinds 56.1 ¶ 14; Pl.'s Hinds 56.1 Westchester Resp. ¶ 14.)

         Hinds was later escorted to a police vehicle by Officer Jacobsen. (See Jacobsen Dep. 54; see also Westchester Hinds 56.1 ¶ 17; Pl.'s Hinds 56.1 Westchester Resp. ¶ 17.) Hinds was eventually taken to the Mount Pleasant Police Department. (See Hinds Dep. 384; see also Westchester Hinds 56.1 ¶ 18; Pl.'s Hinds 56.1 Westchester Resp. ¶ 18.) Hinds was released without charges being filed. (Westchester Hinds 56.1 ¶ 22; Pl.'s Hinds 56.1 Westchester Resp. ¶ 22.)

         8. Additional Allegations

         The Court notes that the above recitation of facts does not include every fact cited in the Parties' 56.1 statements. The omission of these facts is purposeful, as in the interest of brevity, the Court has omitted those facts that are either unnecessary background, immaterial to the disposition of these Motions, or relate to issues or claims that have been abandoned by Plaintiffs in opposition to these Motions. The omission of any fact above does not reflect a judgment about the materiality or relevance of a fact to any case as a whole.

         B. Procedural History

         The Complaints in these cases were filed on October 14, 2011. (See Dkt. No. 1, 11-CV-7258 Dkt.; Dkt. No. 1, 11-CV-7260 Dkt.; Dkt. No. 1, 11-CV-7261 Dkt.; Dkt. No. 1, 11-CV-7264 Dkt.; Dkt. No. 1, 11-CV-7265 Dkt.; Dkt. No. 1, 11-CV-7267 Dkt.) A joint initial conference was held on November 7, 2011, after which the Parties were directed to file a proposed discovery schedule. (See, e.g., 11-CV-7258 Dkt. (minute entry for Nov. 7, 2011).) A formal Order on November 29, 2011 consolidated the cases for the purposes of discovery, along with a case filed by Brandon Cox. (See, e.g., Order (Dkt. No. 7, 11-CV-7258 Dkt.).) Because of endless squabbles, discovery was not completed until November 9, 2016. (See, e.g., 11-CV-7258 Dkt. (minute entry for Nov. 9, 2016).) At that time, the Court entered a briefing schedule on Defendants' Motions for Summary Judgment. (See, e.g., Order (Dkt. No. 284, 11-CV-7258 Dkt.).)

         Defendants filed their Motions for Summary Judgment and supporting papers on January 23, 2017. (See, e.g., Dkt. Nos. 291-94, 11-CV-7258 Dkt.) Plaintiffs filed their opposition papers on April 17, 2017, (see, e.g., Dkt. Nos. 302-05, 11-CV-7258 Dkt.), and Defendants filed their reply papers on May 18, 2017, (see, e.g., Dkt. Nos. 308-09, 11-CV-7258 Dkt.).

         Although Plaintiffs filed these claims naming numerous Defendants and alleging myriad claims, many of the claims have been eliminated either by way of stipulation or through abandonment at the summary judgment stage. See Jackson v. Fed. Express, 766 F.3d 189, 195 (2d Cir. 2014) (“[A] partial response arguing that summary judgment should be denied as to some claims while not mentioning others may be deemed an abandonment of the unmentioned claims.”). Specifically, only the following claims remain in each case:

• Garcia (11-CV-7258)
• Federal and state false arrest claims against Officer Cusano and the Town of Mount Pleasant;
• Federal and state malicious prosecution claims against Officer Cusano and the Town of Mount Pleasant;
• State intentional infliction of emotional distress claims against Officer Cusano and the Town of Mount Pleasant;
• Federal excessive force and state assault and battery claims against Officer Cusano and the Town of Mount Pleasant.
• Delpeche (11-CV-7260)
• Federal and state false arrest claims against Officer Bosan and the Town of Mount Pleasant;
• Federal and state malicious prosecution claims against Officer Bosan and the Town of Mount Pleasant;
• State intentional infliction of emotional distress claims against Officer Bosan and the Town of Mount Pleasant;
• Federal excessive force and state assault and battery claims against Officer Bosan and the Town of Mount Pleasant.
• LaRoche (11-CV-7261)
• State assault claims against Officers Jacobsen and Castagna and the Town ...

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