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Fieldcamp v. City of New York

§1983 claim survives where officers allegedly forced arrestee to remain in degrading state.

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Judge Conner

FIELDCAMP v. THE CITY OF NEW YORK — Plaintiff Diana Fieldcamp brings the instant action under 42 U.S.C. §§1983 and 1985 and the Fourth and Fourteenth Amendments to the Constitution of the United States against defendants the City of New York, the New York City Police Department (“NYPD”), and Detective Alfred Lorenz. Plaintiff alleges that Detective Lorenz, acting under color of state law, intentionally and willfully deprived plaintiff of her civil rights. Defendants move to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted on the grounds that: (1) plaintiff has not alleged and cannot show that defendants deprived her of a constitutional right under §1983; (2) failure to place plaintiff in a safety restraint while being transported at most sets forth a claim of negligence, which is not actionable under §1983; (3) the NYPD is not a suable entity and as such any claims against it must be dismissed; and (4) Detective Lorenz is entitled to qualified immunity. For the reasons set forth below, defendants’ motion is granted as to the claims against the NYPD but is otherwise denied.

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