X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Plaintiff Tyriek Whidbee brings this action against Defendants Village of Monticello (the “Village”), the Village of Monticello Police Department (“Village Police Department” and, collectively, “Village Defendants”), and others in the Complaint. (“Compl.,” ECF No. 2.) As against Village Defendants, Plaintiff asserts a single claim pursuant to 42 U.S.C. §1983 (“Section 1983″) for violations of his Fourth and Fourteenth Amendment rights (commonly referred to as a Monell claim). (See id.

FIFTY-SECOND-SIXTY-SECOND.) The Village Defendants move to dismiss Plaintiff’s single cause of action against them under Federal Rule of Civil Procedure 12(b)(6). (the “Motion”, ECF No. 29.) For the following reasons, Village Defendants’ Motion is GRANTED. BACKGROUND I. Factual Background The following facts are taken from the Complaint and assumed to be true for the purposes of Village Defendants’ Motion. On September 18, 2021, former Village police officer Thomas E. Benjamin (“Officer Benjamin”), while on patrol with New York State Trooper Connor M. Stewart, deployed his taser on Plaintiff during a slow-speed pursuit as the Plaintiff was operating a motorcycle, causing the Plaintiff to crash his motorcycle and sustain numerous injuries. (Compl. THIRTEENTHSIXTEENTH.) Officer Benjamin and Stewart thereafter arrested Plaintiff and falsely charged him with Obstruction of Governmental and Administration in violation of Penal Law §195.05 and Resisting Arrest in violation of Penal Law §205.30. (Id. TWENTY-FOURTH.) Plaintiff was released from custody several hours later (id. TWENTY-EIGHTH) and the charges against him were later dismissed (id. FORTY-FIRST). The Plaintiff alleges that Officer Benjamin and Stewart “failed to fully and truthfully report the use of force upon [him] and his subsequent false arrest to their respective superiors or otherwise properly document the subject incident.” (Id. TWENTY-SIXTH.) The Plaintiff further alleges “[t]hat no supervising officer approved or signed off on any official reports or documents filed by [Officer Benjamin].” (Id. FORTIETH.) Following the underlying incident, the Village Police Department suspended Officer Benjamin and later decertified him as a police officer. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›