Price v. City of N.Y.
15 Civ. 5871 (KPF) (S.D.N.Y. Jun. 25, 2018)
allegedly demonstrated by the allegations set forth
above. She also contends that the City ratified the
conduct of Obe, Brooks, and Pierre-Louis —
essentially adopting their conduct — by their
refusal to order Obe, Brooks, and Pierre-Louis to
"unblock" her, despite Plaintiff's personally
submitting requests to several City officials. (FAC
¶¶ 141-49).
10
Plaintiff further alleges that on November 17,
2016, during the pendency of this civil action,
several unidentified persons harassed her inside of
Penn Station. While this incident was occurring,
MTA Officers John and Jane Doe approached the
area, and after Plaintiff's harassers dispersed,
Officer John Doe "attacked [Plaintiff] from behind
without provocation," causing bruising on
Plaintiff's arms and legs and knocking out one of
her teeth. (FAC ¶¶ 150-52). *10 The officers
handcuffed Plaintiff and stated that they intended
to take her, involuntarily, "to Bellevue Hospital's
psych ward." (Id. at ¶¶ 153-54). After a brief
detention inside of an MTA police station, the
officers instead took Plaintiff to St. Vincent's
Hospital. There, Officer John Doe told a nurse to
sedate Plaintiff, which the nurse did — again,
without Plaintiff's consent. (Id. at ¶¶ 153-61).
About eight hours later, Plaintiff "woke up" and
was released from the hospital. (Id. at ¶ 164). As
Plaintiff was leaving, a nurse "handed [Plaintiff]
two tickets from MTA Officers John Doe and Jane
Doe, one for public intoxication and one for
disorderly conduct." (Id. at ¶ 168). In March 2017,
the criminal court dismissed both charges because
the allegations were facially insufficient. (Id. at ¶
169).
11
following days, Plaintiff called the Transit Bureau
several times but was given the same response
each time: "no report had been made yet but [ ]
call back the next day." (Id. at ¶¶ 174-75). Plaintiff
eventually spoke with Lieutenant Raymond
DeJesus, who promised a full investigation into
the assault. After a week passed with no apparent
action by the NYPD, Plaintiff spoke with Sergeant
Shevitz, who also promised a full investigation
into the incident. (Id. at ¶¶ 176- *11 80). As of the
filing of the FAC, however, the NYPD and its
officers had taken no action to investigate the
assault. (Id. at ¶ 181). Plaintiff attributes the
NYPD's inaction to the City's practice or custom
of "deny[ing] service to individuals such as
[Plaintiff] who are on a [']do not serve['] list or
have been labeled a fabricator in the City's
records." (Id. at ¶ 182).
DISCUSSION
Plaintiff's claims for relief, all under § 1983, can
be organized into the following categories:
Plaintiff adds that on January 24, 2017, also
during the pendency of this civil action, members
of the NYPD again denied her services. Plaintiff
states that after she was assaulted by an unknown
individual, she reported the incident to officers of
the NYPD's 34th Precinct and Transit Bureau 3,
including Officer Emmett, who told her to call the
Transit Bureau on the following day to get an
incident report number. (FAC ¶¶ 170-73). Over the
5
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