15 Civ. 5871 (KPF)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Price v. City of N.Y.
Decided Jun 25, 2018
15 Civ. 5871 (KPF)
06-25-2018
KELLY PRICE, Plaintiff, v. THE CITY OF NEW
YORK; ROSE PIERRE-LOUIS, in her individual
and official capacity; SELVENA BROOKS, in her
individual and official capacity; INSPECTOR
OLUFUNMILO F. OBE, in her individual and
official
capacity;
DETECTIVE
LINDA
SIMMONS, in her individual and official
capacity; OFFICER JOHN STAINES, in his
individual and official capacity; OFFICER
ISELAINE GUICHARDO HERMENE GILDO
CRUZ, in her individual and official capacity; LT.
NICHOLAS CORRADO, in his individual and
official capacity; LIEUTENANT RAYMOND
DEJESUS, in his individual and official capacity;
OFFICER EMMET, in his individual and official
capacity; SERGEANT SHEVITZ, in his
individual and official capacity; MTA OFFICER
JOHN DOE, in his individual and official
capacity; MTA OFFICER JANE DOE, in her
individual and official capacity, Defendants.
KATHERINE POLK FAILLA, District Judge
OPINION AND ORDER
:
Plaintiff Kelly Price brings this pro se action
under 42 U.S.C. § 1983, alleging violations of her
constitutional rights. This case has a long history,
with which the Court presumes familiarity. But it
suffices to say that Plaintiff has filed a Fourth
Amended Complaint (the "FAC" (Dkt. #69)), and
it is the operative pleading. She sues the City of
New York, ten of its employees (primarily
2
officials of the New York City Police Department,
or "NYPD"), and two *2 unidentified employees
of the Metropolitan Transportation Authority
Police Department. The City of New York and its
employees (collectively referred to as the "City
Defendants") have moved under Rule 12(b) (6) of
the Federal Rules of Civil Procedure to dismiss
nearly all of the claims against them. For the
reasons set forth below, the Court grants in part
and denies in part the City Defendants' motion to
dismiss.
BACKGROUND 1
1 For ease of reference, the Court refers to
the
City
Defendants'
supporting
memorandum of law as "Def. Br." (Dkt.
#108);
Plaintiff's
memorandum
in
opposition as "Pl. Opp." (Dkt. #110); and
the City Defendants' reply memorandum as
"Def. Reply" (Dkt. #111).
The following allegations are taken from the FAC
and are assumed to be true for the purposes of this
Opinion. See Faber v. Metro. Life Ins. Co., 648
F.3d 98, 104 (2d Cir. 2011). From approximately
September 2008 to December 2013, Plaintiff "was
in a 'relationship' with [nonparty] Raheem Andre
Powell," who abused her "physically, mentally,
and economically." (FAC ¶¶ 19-20). For several
years during their "relationship," Powell "forced
[Plaintiff] to engage in sexual acts with third
parties and to provide him monies accrued from
performing such services, against [Plaintiff's]
will." (Id. at ¶ 21).
1