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Marom v. Blanco

Court Allows Fabricated Evidence Claims by One Plaintiff to Proceed Against NYPD Officers

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OPINION AND ORDER  Plaintiffs Yotam Marom and Miriam Rocek bring this section 1983 action against five named individual defendants employed by the New York City Police Department (“NYPD”), specifically Sergeant Fior Blanco, Lieutenant Daniel Albano, Detective Kenneth O’Donnell, Officer Michael Galgano, and Officer Cynthia Boyle. The alleged violations arise out of a protest that occurred in Zuccotti Park on March 17, 2012, the six-month anniversary of Occupy Wall Street, during which Marom and Rocek were arrested. Marom and Rocek each assert claims under 42 U.S.C. §1983 for violations of their right to a fair trial and failure to intervene by certain defendants, whom they allege were involved in creating police reports and accusatory instruments containing false information.1 The defendants have moved for summary judgment with respect to these claims. For the reasons that follow, defendants’ motion in granted as to all of Marom’s claims and denied as to all of Rocek’s claims.THE UNDISPUTED FACTSThe facts discussed in this Opinion are undisputed except where otherwise noted. The Court has drawn all reasonable inferences in favor of the plaintiffs, as the nonmovants.2 See Costello v. City of Burlington, 632 F.3d 41, 45 (2d Cir. 2011).On March 17, 2012, Marom and Rocek were participating in a protest in Zuccotti Park (the Park) on the six-month anniversary of Occupy Wall Street. (Def. 56.11; Pl. 56.1 Resp.1). At some point, numerous NYPD officers entered the Park. (Def. 56.1

4-5; Pl. 56.1 Resp.

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