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Diallo v. New York City Police Department

Rights Breach Claims Dismissed; Arrest Presumptively Supported by Probable Cause

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OPINION & ORDER On October 19, 2021, Plaintiff Ibrahima Diallo was arrested on charges of First and Second degree Robbery and Third degree Grand Larceny. He was jailed for eight days before being released on bail. He alleges that during his confinement, he was denied proper medical care for his tuberculosis of the spine, subjected to full body cavity searches, kept in a cold, isolated cell, and denied a prayer mat. Nearly a year after this ordeal, all charges against Diallo were dropped. Diallo now sues various agencies of the City of New York and Westchester County for violations of his rights pursuant to 42 U.S.C. §1983 and for analogous state law claims.1 Presently before the Court are Defendants’ separate motions to dismiss Diallo’s Complaint in its entirety. See Westchester Medical Center Mot. J. Pleadings, ECF No. 41; County Defs.’ Mot. Dismiss (“Cnty Mot.”), ECF No.44; City Defs.’ Mot. Dismiss (“City Mot.”), ECF No. 59. For the reasons that follow, the Court GRANTS Defendants’ motions to dismiss Diallo’s claims brought under federal law. Further, the Court declines to exercise supplemental jurisdiction over Plaintiffs remaining state law claims and dismisses them without prejudice to renewal in a state court of competent jurisdiction. BACKGROUND The following facts are drawn from Plaintiff’s Complaint, ECF No. 10, and are taken as true for the purpose of resolving the instant motions. Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011). Plaintiff, Ibrahima Diallo, is a Guinean man who has been living in the United States as a political asylee since 2010. Compl.

1, 14. At the time of his arrest, he resided in the Bronx and worked as a handyman and dishwasher. Id.

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