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Alwan v. NYC

Constitutional Equal Protection and Search-and-Seizure Claims Against NYC Survive

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MEMORANDUM & ORDER Plaintiff Abdulgalil Alwan’s son was involved in a traffic accident and called his father to the scene of the accident. While Plaintiff was waiting with his son, he was confronted by New York City Police Department (“NYPD”) officers Nicholas Nelson and Jessica Hernandez, arrested, briefly detained, and cited for disorderly conduct and disobeying a lawful order. (Defs. Statement of Material Facts (“Defs. 56.1″) (Dkt. 43)

5-21.) Plaintiff subsequently filed this suit, which alleges, among other things, that Nelson and Hernandez violated various of his rights under the U.S. and New York State constitutions and New York tort law. (Compl. (Dkt. 1).) Before the court is Defendants’ motion for partial summary judgment as to Plaintiff’s claims against the NYPD, his claims under the New York State Constitution, his claims under 42 U.S.C. §1983 against the City of New York, and his intentional-infliction-of-emotional-distress (“IIED”) and negligence claims. (Defs. Mot. for Partial Summ. J. (Dkt. 41); Defs. Mem. in Supp. of Mot. for Partial Summ. J. (“Defs. Mem.”) (Dkt. 42).) For the reasons that follow, Defendants’ motion for partial summary judgment is GRANTED IN PART and DENIED IN PART.I. BACKGROUNDA. Factual HistoryThe following statement of facts is largely taken from the parties’ Local Rule 56.1 statements and deposition testimony, with the evidence “constru[ed]…in the light most favorable to the non-moving party.” Wandering Dago, Inc. v. Destito, 879 F.3d 20, 30 (2d Cir. 2018) (internal quotation marks and citation omitted). (See Defs. 56.1; Pl. Resp. to Defs. 56.1 (“Pl. 56.1 Resp.) (Dkt. 45 at ECF pp. 1-3); Pl. Counterstatement of Material Facts (“Pl. 56.1 Counterstatement”) (Dkt. 45 at ECF pp.3-15); Defs. Resp. to Pl. Counterstatement of Material Facts (“Defs. 56.1 Reply”) (Dkt. 49).)On September 8, 2013, Plaintiff’s teenaged son was riding in a car that was struck by another vehicle. (Defs. 56.1 5.) The son called Plaintiff, who came to the scene of the accident. (Id.

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