Whidbee v. Benjamin

OPINION & ORDER Plaintiff Tyriek Whidbee brings this action against Defendants Village of Monticello (the “Village”), the Village of Monticello Police Department (“Village Police Department” and, collectively, “Village Defendants”), and others in the Complaint. (“Compl.,” ECF No. 2.) As against Village Defendants, Plaintiff asserts a single claim pursuant to 42 U.S.C. §1983 (“Section 1983″) for violations of his Fourth and Fourteenth Amendment rights (commonly referred to as a Monell claim). (See id.

FIFTY-SECOND-SIXTY-SECOND.) The Village Defendants move to dismiss Plaintiff’s single cause of action against them under Federal Rule of Civil Procedure 12(b)(6). (the “Motion”, ECF No. 29.) For the following reasons, Village Defendants’ Motion is GRANTED. BACKGROUND I. Factual Background The following facts are taken from the Complaint and assumed to be true for the purposes of Village Defendants’ Motion. On September 18, 2021, former Village police officer Thomas E. Benjamin (“Officer Benjamin”), while on patrol with New York State Trooper Connor M. Stewart, deployed his taser on Plaintiff during a slow-speed pursuit as the Plaintiff was operating a motorcycle, causing the Plaintiff to crash his motorcycle and sustain numerous injuries. (Compl. THIRTEENTHSIXTEENTH.) Officer Benjamin and Stewart thereafter arrested Plaintiff and falsely charged him with Obstruction of Governmental and Administration in violation of Penal Law §195.05 and Resisting Arrest in violation of Penal Law §205.30. (Id. TWENTY-FOURTH.) Plaintiff was released from custody several hours later (id. TWENTY-EIGHTH) and the charges against him were later dismissed (id. FORTY-FIRST). The Plaintiff alleges that Officer Benjamin and Stewart “failed to fully and truthfully report the use of force upon [him] and his subsequent false arrest to their respective superiors or otherwise properly document the subject incident.” (Id. TWENTY-SIXTH.) The Plaintiff further alleges “[t]hat no supervising officer approved or signed off on any official reports or documents filed by [Officer Benjamin].” (Id. FORTIETH.) Following the underlying incident, the Village Police Department suspended Officer Benjamin and later decertified him as a police officer. (Id.