Defalco v. MTA Bus Co.

MEMORANDUM AND ORDER Plaintiffs Anthony Defalco and Eric Trantel bring this action against Defendants Detective Brian Longaro, Supervisor Francis Bristow, and MTA Bus Company (“MTA Bus”) alleging violations of 42 U.S.C. §1983 for false arrest, malicious prosecution, and denial of due process, in connection with Plaintiffs’ arrest, subsequent prosecution, and suspension of employment. Before the Court is Defendants’ motion for summary judgment. For the reasons stated below, Defendants’ motion is granted.BACKGROUNDI. Relevant Facts¹A. Bus Battery Theft InvestigationOn September 27, 2012, Defendant Francis Bristow, a foreman at the John F. Kennedy Bus Depot (“JFK Depot” or “Depot”), reported to John McGovern, the Security Director ofMTA Bus’s internal security department, and John Dhuman, an Assistant General Manager at the Depot, that bus batteries were being stolen by MTA Bus employees, including Plaintiff Eric Trantel.² (Defs.’ 56.1, at

6, 8; Deposition of Francis Bristow (“Bristow Dep.”), at 40:9-17, 41:17-19, 42:4-10.)³ Bristow told McGovern that he had been notified about the thefts by three MTA Bus employees: Doodnath Seecharan, Maniram Sukhee, and Balmore Hamilton. (Defs.’ 56.1, at 7; Dkt. 57-7, at ECF 26⁴; Bristow Dep., at 55:17-23.) MTA Bus’s internal security department began an investigation based on Bristow’s complaint. (Defs.’ 56.1, at 9.) McGovern told Bristow that, going forward, he should “[k]eep an eye out for anyone removing batteries from the Depot without authorization.” (Bristow Dep., at 57:12-17, 58:7-15.) On December 6, 2012, the investigation was reassigned from McGovern to MTA Police Department (“MTAPD”) Detective Henry Micyk. (Defs.’ 56.1, at 20.)On December 8, 2012, Bristow received a call from his supervisor, Orin Blackman, who told him to go to the Depot fuel station, because “Eric Trantel is operating a forklift behind truck — [a]n unknown truck” in the Engine Wash Bay. (Bristow Dep., at 152:12-23; see also Deposition of Orin Blackman (“Blackman Dep.”), Dkt. 60-50, at 87:11-89:4.) Bristow, who was Trantel’s supervisor that day, went to the glass window or door in the fuel station office and saw Trantel in a forklift placing a pallet of bus batteries onto an MTA pick-up truck being operated by Defalco. (Dkt. 57-7, at ECF 28; Dkt. 57-15; Bristow Dep., at 156:3-173:3.) According to Bristow, Defalco then left the Depot with the batteries in the truck and later returned to the Depot without them. (Defs.’ 56.1, at 15.) Bristow subsequently submitted a report to Blackman about what he observed and also reported the incident to McGovern. (Dkt. 60-8, at ECF 3; Defs.’ 56.1, at 15.)On February 26, 2013, the investigation was transferred from MTAPD Detective Micyk to Defendant MTAPD Detective Brian Longaro. (Defs.’ 56.1, at 25.) Longaro received all of Micyk’s case files and spoke with the MTA’s Office of the Inspector General’s Principal Investigator William McGowan, McGovern, and McGovern’s supervisor, Robert Piccarelli, regarding the investigation. (Id. at 26; Dkt. 57-7, at ECF 25-26.) Longaro also spoke with Bristow “the first day [he] was assigned the investigation.⁵ [Longaro] would have asked [Bristow] what–to go through all the dates of any time [Bristow] saw theft happening, occurring, when it first started, who was involved and any current theft.” (Deposition of Brian Longaro (“Longaro Dep.”), at 126:9-127:24.)^6,7On March 11, 2013, Longaro received a report from McGovern that Bristow had informed McGovern that he had seen another MTA Bus employee, Vincent Williams, remove batteries from the Depot on March 9, 2013. Detective Longaro conducted surveillance at the Depot on March 11, 2013, and ultimately arrested Williams, who admitted that he had been stealing batteries from the Depot. (Defs.’ 56.1, at 27.)On March 13, 2013, Longaro arrested Defalco and charged him, via criminal complaint, based on the events of December 8, 2012, with Grand Larceny in the Fourth Degree and Criminal Possession of Stolen Property in the Fourth Degree. (Id. at 28; Dkt. 57-34, at ECF 3-5.) On March 14, 2013, Longaro arrested Trantel for Grand Larceny in the Fourth Degree and Criminal Possession of Stolen Property in the Fourth Degree and signed the criminal complaint the following day. (Defs.’ 56.1, at