After being forcibly removed from a Knicks basketball game at Madison Square Garden in February 2017, Plaintiff Charles Oakley brought a litany of claims against Defendants MSG Networks, Inc.; the Madison Square Garden Company; MSG Sports and Entertainment, LLC (collectively, “MSG”); and James Dolan, the executive chairman of MSG. On February 19, 2020, the Court granted Defendants’ motion to dismiss each of Oakley’s claims. The Second Circuit subsequently affirmed the Court’s decision in all respects but one. Following the Second Circuit’s remand, Oakley’s sole remaining claim is that MSG is liable for assault and battery because MSG security guards used excessive force to remove Oakley from the stadium. Extensive video footage documents the altercation, and MSG moves for summary judgment on that basis, arguing that the footage conclusively shows its employees did not use excessive force. For his part, Oakley seeks leave to file a second amended complaint adding James Dolan as an individual defendant on the remaining claims. For the following reasons, Defendants’ motion for summary judgment is GRANTED, and Oakley’s motion to amend is DENIED. I. BACKGROUND A. Facts Charles Oakley, a former star power forward for the New York Knicks, attended a Knicks game at Madison Square Garden (the “Garden”) on February 8, 2017.1 (Doc. No. 120 80.) During the game, Oakley was approached by MSG security guards and New York City Police Department (“NYPD”) officers, who physically removed him from the arena, purportedly because of his inappropriate behavior. (Doc. No. 111 146.) After the incident, the Knicks organization and owner James Dolan made public statements claiming that Oakley was expelled for being drunk and verbally abusive to fans and stadium staff. (Id.
145-46.) Oakley denied that he behaved inappropriately. (Id. 147.) Oakley’s removal was captured on video by ESPN, the Garden’s stadium cameras, and nearby attendees in the audience. (Doc. No. 104, Exs. 1-5.) Low-resolution, silent security footage shows the beginning of the incident: eight security personnel assemble in the row where Oakley is seated. (Doc. No. 104, Ex. 2b (hereinafter Stadium Vid.) 7:44-8:01.) The parties agree that one of the guards requested that Oakley leave the building (Doc. No. 120 117), and the footage shows the guard and Oakley conversing for several seconds before Oakley stands up. (Stadium Vid., 8:01- 8:16.) Surrounding fans, presumably sensing something amiss from the presence of security, also filmed the altercation. One of those fans made a high-resolution phone recording, which included audio, from a distance of roughly 10 yards away. (Doc. No. 104, Ex. 4 (hereinafter Fan Vid.), available as submitted by Defendants at https://nysd.uscourts.gov/sites/default/files/2 021-11/4. YouTube — Charles Oakley Fight Meltdown NY Knicks Whole 3 minute video.mp4.) The fan recording begins about 30 seconds after Oakley is initially approached. (Compare Fan Vid., 0:00, with Stadium Vid., 8:18.) As the fan recording begins, Oakley is standing, surrounded by security personnel. One MSG guard (“Guard 1″) is grasping Oakley’s left bicep, trying to pull him toward the exit aisle; another (“Guard 2″) lightly places his open hand, alternately, on Oakley’s upper back and Oakley’s torso. (Fan Vid., 0:08-0:12.) Oakley remains able to turn freely and walk. Oakley then shrugs off Guard 2 and turns toward his seat, but trips and falls to the ground, pulling Guard 1 (still grasping Oakley’s bicep) forward. (Fan Vid., 0:13-0:14.) Within seconds, Oakley rises without assistance. (Fan Vid., 0:15-0:22.) After getting up, Oakley again attempts to move back toward his seat, but is obstructed by the guards. Guard 1 has positioned himself between Oakley and the seat. With an open hand on Oakley’s upper arm, Guard 1 motions toward the exit aisle. (Fan Vid., 0:25-0:29.) Oakley puts both hands in the air, and Guard 1 immediately removes his hand from Oakley’s arm. (Fan Vid., 0:29.) Guard 2, still stationed behind Oakley, places an open hand on Oakley’s torso. (Fan Vid., 0:40.) Oakley then escalates the physical confrontation: he steps toward Guard 1 with a finger in the guard’s face (Fan Vid., 0:41), chest-bumps him (Fan Vid., 0:42), and then appears to push Guard 1′s face with his hand, causing Guard 1′s head to snap backward. (Fan Vid., 0:49.) In response, Guard 2 grasps Oakley’s upper bicep and attempts to pull him backward. (Fan Vid., 0:49-0:51.) Oakley turns, chops downward on the arm holding his bicep, and then twice forcefully shoves Guard 2, causing the guard to stumble back several paces and prompting nearby fans to gasp. (Fan Vid., 0:53-0:58.) At this point, several other security personnel finally step in and grab both of Oakley’s arms. (Fan Vid., 0:59-1:01.) The group hoists, pushes, and pulls Oakley toward the exit aisle, with Oakley initially remaining on his feet amidst the huddle of security personnel. (Fan Vid., 1:01-1:06.) After being guided several yards and onto the exit ramp, Oakley again falls — despite at least one guard’s effort to keep him upright — this time in the aisle below the railing where the fan videographer is standing. (Fan Vid., 1:10.) From an angle directly above the scene, the video shows security personnel crowd around Oakley and repeatedly tell him to “get up” and “stand up.” (Fan Vid., 1:15-1:35.) Several security personnel try to grab Oakley’s wrists to pull him up, but he retracts his arms against his body to resist their efforts. (Fan Vid., 1:15-1:40.) At one point, Oakley audibly states, “I don’t want to stand up.” (Fan Vid., 1:34.) While lying in the aisle, Oakley protests to the guards that he did not do anything wrong; he also rebuffs their efforts to help him up, repeating several times, “I don’t need no help.” (Fan Vid., 2:22-2:27.) After more than 75 seconds on the ground, Oakley eventually pulls himself up using the stadium railing. (Fan Vid., 2:31.) But he then refuses to accompany the guards toward the exit and continues to clasp the railing with both hands to maintain his position. After approximately 20 seconds, during which an NYPD officer twice pries Oakley’s hands from the railing (Fan Vid., 2:47-2:59), he is finally ushered out of the stadium. B. Procedural History 1. District Court On September 12, 2017, Oakley filed a complaint asserting defamation, slander, abuse of process, and denial of public accommodation claims against both Dolan and MSG. (Doc. No. 1
