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Johnson v. O'Connel

Probable Cause Supported Arrest Over Post Office Robbery; Investigator Immune

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Dayna Johnson, Plaintiffv.Postal Inspector Dennis O’Connel; and “Anna (Jane Doe),” Post Inspector, Defendants

OPINION & ORDER Dayna Johnson (“Plaintiff’), a pro se litigant and former Postal Service employee, brings this action against Postal Inspector Dennis O’Connell (“Defendant”) in his individual capacity under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999 (1971) which allows a cause of action for damages against federal agents who have allegedly violated the Fourth Amendment. (See Amended Complaint, (“Am. Compl.”), ECF No. 5.) Plaintiff alleges that Defendant is liable for violating her constitutional rights in connection with investigating the armed robbery of a Postal Service facility in August 2013. (See id.) Plaintiff raises claims of false arrest, false imprisonment, and unlawful search and seizure, under the Fourth and Fourteenth Amendments, as well as a claim of cruel and unusual punishment, under the Eighth and Fourteenth Amendments. (See id. at 3.) Plaintiff seeks $10 million in punitive damages and $10 million in compensatory damages. (Id. at 4.)Presently before the Court is Defendant’s Motion for Summary Judgment (Motion for Summary Judgment, (“Defendant’s Motion”), ECF No. 55.) For the reasons discussed below, Defendant’s Motion is GRANTED.I. BACKGROUNDThe facts are taken from the parties’ Rule 56.1 statements, affidavits, declarations, and exhibits, and are not in dispute except where so noted. All rational inferences are drawn in Plaintiff’s favor.A. The Post Office Robbery on August 5, 2013On August 5, 2013, a masked individual carrying a handgun robbed the United States Post Office at 335 South Broadway in Yonkers, New York. (Defs. 56.1

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