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Nardoni v. City of New York

City Granted Judgment on False Arrest Claim; Detective Was Not Involved in Arrest

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Shawn Nardoni, Plaintiffv.The City of New York and Detective David Terrell, Defendants

MEMORANDUM OPINION AND ORDERPlaintiff Shawn Nardoni fell victim to gun violence as a young teenager. In September 2015, he was shot in the leg in his neighborhood in the Bronx, after which he was hospitalized for several days. Following his release from the hospital, Plaintiff was handcuffed and detained by officers of the New York City Police Department (“NYPD”) and brought to a local police precinct. At the precinct, Plaintiff was interrogated by Defendant Detective David Terrell about the identity of Plaintiff’s shooter. Plaintiff later sued Detective Terrell and the City of New York, bringing claims for false arrest and municipal liability under 42 U.S.C. §1983 (“Section 1983″). Defendants now move for summary judgment. Because it is undisputed that Detective Terrell was not involved in Plaintiff’s arrest, summary judgment is GRANTED as to Plaintiff’s false arrest claim. And because Plaintiff points to no evidence in the record of a policy or custom by the City of New York to support his Monell claim, summary judgment is GRANTED on that claim as well.I. BACKGROUNDA. Factual Background1On or about September 1, 2015, Plaintiff was shot in the leg. Pl.’s Rule 56.1 Counterstatement (ECF No. 90) (“Pl.’s 56.1″)1.2 He was admitted to a hospital for treatment. Id.; Second Am. Compl. (ECF No. 54) (“SAC”)8. Plaintiff spent approximately three days in the hospital before being released. Declaration of Joseph Gutmann (ECF No. 86), Ex. B (“Pl.’s Dep.”) at 64:17-23.3 Shortly after being released from the hospital, on either September 4 or 5, 2015, Plaintiff was sitting outside of his apartment building in the Bronx with a friend when he was arrested by two or three members of the NYPD. Pl.’s Dep. at 66:13-15, 77:12-20; SAC

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