Gavin v. NYC

ACD Does Not Constitute a 'Favorable Termination' of Criminal Proceedings

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OPINION AND ORDER On October 1, 2020, Plaintiff Christina Gavin filed this police misconduct case against Sergeant Matthew Tocco and Inspector Gerard Dowling of the New York City Police Department (“NYPD”) and the City of New York (“the City”). (Dkt. No. 1.) Gavin brings state and federal excessive force, false arrest, and fair trial claims against Defendants, in relation to her November 22, 2019 arrest and the subsequent initiation of criminal proceedings against her. Gavin also brings a Monell claim against the City, based on the City’s alleged failure to train NYPD officers on appropriate methods for dispersing protesters. On February 17, 2021, Defendants filed a motion to dismiss Gavin’s fair trial and Monell claims. (Dkt. No. 24.) For the reasons that follow, the motion is granted in part and denied in part. I. Background The following facts are drawn from the First Amended Complaint and are assumed true for purposes of this motion. On November 22, 2019, Gavin attended a protest in Harlem, going down West 125th Street. (Dkt. No. 22 10.) Shortly after the protest began, NYPD officers “corralled protesters” and forced them into the street. (Dkt. No. 22 11.) Using a loudspeaker, the officers informed the protesters that their gathering was unlawful and ordered them to disperse. (Dkt. No. 22 12.) Gavin “immediately” attempted to comply. (Dkt. No. 22 13.) Notwithstanding her desire to leave, Gavin had difficulty navigating her way out of the street: A bus blocked her access to the sidewalk on one side of the street, and on the other side, traffic was “bumper to bumper.” (Dkt. No. 22

14-15.) Gavin continued walking along West 125th Street, trying to find a safe path to the sidewalk. (Dkt. No. 22 16.) In doing so, Gavin passed a police van. (Id.) As Gavin passed the police van, she was confronted by Defendants Tocco and Dowling, who grabbed both of her arms. (Dkt. No. 22

Gavin v. NYC

ACD Does Not Constitute a 'Favorable Termination' of Criminal Proceedings

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