Canete v. Metro. Transp. Auth.

OPINION & ORDER Plaintiff Julio Canete brings this action under 42 U.S.C. §1983; the First, Fourth, and Fourteenth Amendments of the Constitution; and various provisions of state law, against the Metropolitan Transportation Authority (“MTA”), the Triborough Bridge and Tunnel Authority (“TBTA”), tunnel officer Lawrence Ffrench, and unnamed supervisory defendants identified as the “Richard Roes.” Canete’s 11 claims include false arrest, false imprisonment, assault, battery, intentional and negligent infliction of emotional distress, and trespass. As a basis for his claims against MTA and TBTA, he alleges that these agencies had de facto policies, practices, customs, and/or usages that brought about violations of his constitutional rights.Pending now are partial motions to dismiss by defendants MTA and TBTA and a motion to strike by defendant Ffrench. Defendants seek to dismiss: (1) all claims against MTA; (2) six claims against TBTA and the Richard Roes; and (3) any claims for punitive damages from MTA or TBTA. Ffrench seeks to strike the allegations regarding his purported history of “a significant and habitual problem with alcohol abuse” and “habitually juvenile and immature” behavior. This decision resolves those motions.I. BackgroundA. Factual Background¹Around 7 p.m. on May 26, 2016, while crossing a street near the intersection of 92nd Street and Gatling Place in Brooklyn, New York, Canete was struck by a TBTA Operations Force police car. Dkt. 31 (“Amended Complaint” or “AC”)

14-15. Canete was crossing lawfully, in a crosswalk; the TBTA vehicle was making an illegal left turn. Id. The incident left Canete severely injured and temporarily disoriented. Id. 16.TBTA Officer Ffrench was driving the vehicle at the time of the accident. Id. 15. After striking Canete, Ffrench got out of his car and moved Canete, who was on the ground injured, into the backseat of the car. Id. 19. Ffrench then drove Canete over the Verrazano Narrows Bridge into Staten Island. Id. 21. He pulled into a parking lot and left Canete on the ground in the lot. Id. 24. Ffrench told Canete not to tell anyone about the incident and then drove away. Id.