Hincapie v. City of New York

OPINION & ORDER   Plaintiff Johnny Hincapie seeks damages from the City of New York (the “City”) and several New York City Police Officers for his alleged wrongful conviction and imprisonment for the 1990 felony murder of “Utah tourist” Brian Watkins. In 2015, after twenty-five years in prison, a New York state court vacated Plaintiff’s conviction and the New York District Attorney (“DA’s Office”) dismissed the indictment. Plaintiff then filed this §1983 action against the City and NYPD officers, alleging eight claims including (1) malicious prosecution, (2) fabrication of evidence, (3) coercion, (4) supervisory liability as to certain NYPD defendants, (5) a Monell claim for failure to record interrogations; (6) false arrest and imprisonment, (7) intentional and negligent infliction of emotional distress, and (8) failure to intervene. Defendants move to dismiss the First Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. 101.) For the reasons that follow, Defendants’ motion to dismiss is DENIED in part and GRANTED in part. BACKGROUND¹ On the evening of September 2, 1990, Johnny Hincapie was a part of a large group of teens who took the subway from Queens to the Roseland Ballroom in Manhattan for a birthday party. (Compl. 35.) The Watkins family, tourists from Utah, were in New York for the US Tennis Open. (Id. 38.) They happened to be on the subway, heading on a family dinner in Greenwich Village. (Id.) They never made it; they were assaulted by a group of young people. (Id.

39-41.) Brian Watkins acted to protect his parents and was fatally stabbed in the chest by one of the muggers on the subway platform. (Id.