ORDER Plaintiff pro se, Joseph H. Masri, brings this action against Defendant, Jose E. Cruz (“Cruz”), alleging violations of Plaintiff’s civil rights pursuant to 42 U.S.C. §1983 and various tort claims under New York common law. Am. Compl., ECF No. 67. This lawsuit arises from an incident that occurred in 2014 when Plaintiff was visiting a patient at a hospital where Defendant was employed as a private security guard. Plaintiff originally filed this action on October 27, 2017 against multiple defendants, ECF No. 2, and on January 25, 2019, the Court dismissed all claims against all defendants except for Plaintiff’s cause of action against Cruz under Section 1983 (the “January 25 Order”),1 see January 25 Order, ECF No. 59. The January 25 Order also granted Plaintiff’s motion to amend the complaint “insofar as it asserts a cause of action under Section 1983″ against Cruz but denied it in “all other respects.” Id. at 9. The Court ordered Plaintiff to file a second amended complaint that conformed to the January 25 Order. Id.On April 12, 2019, Plaintiff filed a second amended complaint (the “amended complaint”) asserting five causes of action against Cruz: a Section 1983 claim and claims for false imprisonment, false arrest, intentional infliction of emotional distress, and negligent infliction of emotional distress. Am. Compl.
23-37. On April 23, 2019, Cruz moved to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6). ECF No. 68. For the reasons stated below, Cruz’s motion is GRANTED.BACKGROUNDThe following facts are taken from the amended complaint, which the Court accepts as true for purposes of this motion. ATSI Commc’ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007). In the early afternoon on October 28, 2014, Plaintiff was at the New York Presbyterian Hospital (the “Hospital”) visiting his son, who was a patient there. Am. Compl. 4. At the time, Plaintiff was estranged from his wife. Id. 6. Plaintiff contends that the Hospital provided him with a pass that permitted him to visit his son at any time and without time limits. Id. 5. At approximately 1:00 p.m. on October 28, 2014, while Plaintiff was still visiting his son at the Hospital, Plaintiff’s wife arrived and insisted to Hospital staff that she did not want Plaintiff to be present in the room when she visited their son. Id. 7.Between 2:00 p.m. and 3:00 p.m., Plaintiff was arrested by several individuals including Cruz, a “security sergeant” employed by the Hospital. Id.
