Judge Sidney Stein
Castilla’s 42 USC §1983 suit against the New York City and former detective Sandino alleged that Sandino sexually assaulted and threatened her contrary. Sandino also allegedly attempted to coerce Castilla’s recruitment as an informant. Sandino was imprisoned after pleading guilty to depriving Castilla of her rights under color of law contrary to 18 USC §242. District court granted the city summary judgment on the ground that it was not liable under Monell v. Department of Social Services. Citing the Second Circuit’s ruling in Anthony v. City of New York, it noted that Sandino was not a “policymaker” for Monell purposes and that his actions could not impose liability on the city. In rejecting Castilla’s claim that the city’s failure to train Sandino in properly recruiting female informants led to deprivation of her rights, the court noted that none of the three elements set out in Walker v. City of New York were met. Nor did Castilla satisfy any of the elements in Amnesty Am. v. Town of W. Hartford on her theory that the city improperly supervised Sandino. She did not show that any policymaker was aware of any prior abuse by Sandino, giving rise to an obvious inference that supervision or corrective action was necessary.
