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Orr v. NYC

Probable Cause Existed Where Responding Officers Relied on Report from Off-Duty Officer

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MEMORANDUM & ORDER   Plaintiff April Orr brings this action against the City of New York (“the City”) and three New York City Police Officers-Francis Jackson, Peter Mendes, and John Magnani-in both their individual and official capacities. (Am. Compl. (Dkt. 14).) Plaintiff asserts claims of false arrest, supervisory liability, failure to intervene, and municipal liability pursuant to 42 U.S.C. §1983 and the Fourth and Fourteenth Amendments. (Id.

13-43.) Defendants move for summary judgment on all claims. (Def. Mot. For Summ. J. (“Mot.”) (Dkt. 24).) For the following reasons, Defendants’ motion is GRANTED. I. BACKGROUND A. Facts1 The court constructs the following statement of facts from the parties’ Local Rule 56.1 Statements and the admissible evidence they submitted. Except where otherwise noted, the following facts are undisputed. Where the facts are in dispute, the court notes the disagreement and credits Plaintiff’s version if it is supported by evidence in the record. All evidence is construed in the light most favorable to the non-moving party with all “reasonable inferences” drawn in its favor. ING Bank N.V. v. M/V Temara, IMO No. 9333929, 892 F.3d 511, 518 (2d Cir. 2018). On December 17, 2016, at approximately 8:31 PM, off-duty New York Police Sergeant James Wilson placed a phone call to 911 and reported that he was following a woman wearing a black coat, pants, and hat who had assaulted his wife. (Defs. Rule 56.1 Statement (“Defs. 56.1″) (Dkt. 24-12) 1.)2 Wilson reported that the woman was headed toward the Brighton Beach train station, a multi-story elevated subway station. (Id.

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