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DeVincenzi v. City of New York

Issues Exist on Excess Force Claim; Summary Judgment Denied Despite Dismissal Agreement

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OPINION & ORDER Plaintiff Sara DeVincenzi (“Plaintiff”) brings this action as administrator for the Estate of Benjamin DeVincenzi against police officer Paule Rivera (“Rivera”) and the City of New York (the “City,” together with Rivera, “Defendants”). Plaintiff’s complaint raises seven claims: (1) deprivation of federal civil rights under 42 U.S.C. §1983 (“§1983″ or “Section 1983″); (2) false arrest under §1983; (3) excessive use of force under §1983; (4) failure to intervene under §1983; (5) malicious abuse of process under §1983; (6) municipal liability under Monell; and (7) retaliation for First Amendment protected expression. (Doc. 1, “Complaint.”) Before me is Defendants’ motion for summary judgment. (Doc. 78.) After Defendants filed their motion for summary judgment, the parties agreed to a dismissal of all claims except for Plaintiff’s claim for excessive force. (Doc. 87.) Because I find that there are genuine issues of material fact with respect to Plaintiff’s excessive force claim, Defendants’ motion for summary judgment is DENIED. I. Factual Background¹ On July 8, 2016, Benjamin DeVincenzi (“DeVincenzi”) was with an acquaintance who was a suspect being pursued by Rivera. (See Complaint

4-5; Doc. 80

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