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Gabilly v. City of NY

Officers' Use of Similar Language to Describe Incident Does Not Show Unlawful Conspiracy

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AMENDED OPINION & ORDER   Plaintiff Julien Gabilly brings this action against the City of New York and three individual officers of the New York Police Department — Rahul Dass, Maribel Sarante, and Lateef Stinson — asserting claims pursuant to 42 U.S.C. §1983 for excessive force, failure to intervene, and conspiracy and claims pursuant to New York law for abuse of process, assault and battery, and negligent infliction of emotional distress. Before the Court is Plaintiff’s Rule 12(c) motion for judgment on the pleadings, see Dkt. 27, and Defendants’ cross-motion for partial judgment on the pleadings, see Dkt. 37. For the following reasons, Plaintiff’s motion is denied, and Defendants’ motion is granted in part and denied in part.1 BACKGROUND Plaintiff filed the operative complaint on August 19, 2020, see Amended Complaint (“Am. Compl.”), Dkt. 16, alleging as follows: On January 1, 2019, Plaintiff was driving in Manhattan when he voluntarily stopped his vehicle while facing the wrong way on a one-way street. Id.

22-23. (Plaintiff admits that he had been drinking and driving, and subsequently pled guilty to a misdemeanor for having done so. See id. 23.) After Plaintiff exited the vehicle, Officers Dass and Sarante approached Plaintiff and directed him to stand against the side of his car. Although Plaintiff was compliant, after fifteen minutes he moved slightly off of his vehicle and the officers proceeded to forcibly arrest him, purportedly throwing him to the ground and pummeling him. Id.

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