Timothy Dubois, Plaintiffv.City of White Plains, Detective Jim Tassone, Individually and in his Official Capacity as a police officer employed by the City of White Plains, Police Officer Jahmar Cunningham, individually and in his official capacity as police officer employed by the City of White Plains, and Yui Chow, Defendants
OPINION & ORDER Plaintiff Timothy Dubios (“Plaintiff”) brings this action against Defendants City of White Plains, Jim Tassone, Jahmar Cunningham, and Yui Chow (“Amended Complaint,” ECF No. 32). In the Amended Complaint, Plaintiff asserts claims under 42 U.S.C. §§1983, 1985, and 1988, New York common law, and the United States and New York Constitutions. Presently before the Court is Defendant Chow’s Motion to Dismiss the Amended Complaint and Co-Defendants’ Cross-Claim against him by Defendants’ City of White Plains, Tassone, and Cunningham pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 41). For the following reasons, Defendant Chow’s Motion is GRANTED.BACKGROUNDI. Factual BackgroundThe following facts are derived from the Amended Complaint and the documents appended thereto, and are assumed to be true for the purposes of this motion.Plaintiff alleges that on or about June 5, 2014, in the City of White Plains, Plaintiff was lawfully inside an apartment 3D located at 11 Fish Avenue (the “Apartment”) visiting his friend, Stephen Williams and another individual named George Andrews. (Compl. 16.) At approximately 1:50 p.m., United States Postal Inspector Defendant Chow, posing as a postal worker, both rang the doorbell and knocked on the door of the Apartment. (Id. 17.) Defendant Chow was working as an agent for Defendants City of White Plains, Cunningham, and Tassone. (Id.) Williams answered the door for Defendant Chow, who advised Williams that he had a package from India (the “Package”) and that Williams would have to come downstairs to retrieve the package from Defendant Chow’s postal van. (Id. 19.) At the time, Williams had a leg injury and was wearing a walking boot. (Id. 20.) At Williams’s request, Plaintiff agreed to go downstairs to the van with Defendant Chow to retrieve the package. (Id.) Upon arriving at the van, Defendant Chow informed Plaintiff that he needed to sign the postal receipt to obtain the package. (Id. 21.) Defendant Chow then attempted to hand Plaintiff the package, but before he did so, Defendant Tassone and other White Plains police officers surrounded Plaintiff and placed him under arrest. (Id. 22.) “Defendants’ [sic] did not have any information connecting Plaintiff to either the Apartment or the [P]ackage prior to arresting him.” (Id. 24.) Defendants allege that the sealed, opaque Package contained four ounces of heroin. (Id. 25.) Plaintiff denies any knowledge of the contents of the Package. (Id. 26.)After his arrest, Plaintiff was charged with attempted criminal possession of a controlled substance in a felony complaint drafted by Defendant Cunningham. (Id. 30.) After his arraignment, Plaintiff was remanded without bail on June 6, 2014. (Id. 32.) On June 11, 2014, Defendants Chow and Tassone testified at Plaintiffs “Felony Hearing” held before Judge Barbara Leak in the White Plains City Court. (Id. 33.) On June 13, 2014, Plaintiff received a bail review hearing and bail was set, and Plaintiff was released on June 14, 2014 after bail was posted on his behalf. (Id.
