Bradley v. Bongiovanni

VINCE BRADLEY, JR., Plaintiff, v. ANTHONY BONGIOVANNI, et al., Defendants.

No. 18-CV-6823-FPG

United States District Court, W.D. New York

August 17, 2021

DECISION AND ORDER

HON FRANK P. GERACI, JR. United States District Judge Western District of New York

INTRODUCTION

Plaintiff Vince Bradley, Jr. brings this civil rights action against Defendants Police Sergeant Anthony Bongiovanni and the City of Rochester, alleging that Bongiovanni used excessive force against him in the course of an arrest. ECF No. 1-2 at 4-13. On November 30, 2020, Defendants moved for summary judgment on all of Bradley's claims. ECF No. 25. Bradley opposes the motion. ECF Nos, 31, 32. For the reasons that follow Defendants' motion is GRANTED IN PART and DENIED IN PART.

LEGAL STANDARD

Summary judgment is appropriate when the record shows that there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Celotex Corp. v Catrett, 477 U.S. 317, 322 (1986). Disputes concerning material facts are genuine where the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S 242, 248 (1986). In deciding whether genuine issues of material fact exist, the court construes all facts in a light most favorable to the non-moving party and draws all reasonable inferences in the non-moving party's favor. See Jeffreys v. City of New York, 426 F.3d 549, 553 (2d Cir. 2005). However, the non-moving party “may not rely on conclusory allegations or unsubstantiated speculation.” F.D.I.C. v. Great Am. Ins. Co., 607 F.3d 288, 292 (2d Cir. 2010) (quotation omitted).

BACKGROUND

Among the evidence proffered by the parties is video footage-taken from Bongiovanni's bodycam-of the encounter between Bradley and Bongiovanni. Video footage can, but does not always, conclusively establish facts for purposes of summary judgment. See Scott v. Harris, 550 U.S. 372, 379-80 (2007); Hulett v. City of Syracuse, 253 F.Supp.3d 462, 482 (N.D.N.Y. 2017). Where a videotape “leaves no doubt as to what occurred, ” United States v Paul, 904 F.3d 200, 203 (2d Cir. 2018), a district court need not countenance contrary factual assertions. See Scott, 550 U.S. at 380; Heicklen v. Toala, No. 08-CV-2457, 2010 WL 565426, at *2 (S.D.N.Y. Feb. 18, 2010). Conversely, if the video evidence is “ambiguous” or otherwise inconclusive, Hicks v. Vill. of Ossining, No. 12-CV-6874, 2016 WL 345582, at *5 (S.D.N.Y. Jan. 27, 2016), a court must employ its usual summary judgment standards and construe the evidence in the non-moving party's favor. Accord Hulett, 253 F.Supp.3d at 482 (“[W]hile the video evidence submitted by the parties will certainly be considered and carefully reviewed at this juncture, . . . summary adjudication of a plaintiff's civil rights claim [is permitted] only in those exceptional cases where the video evidence in the record is sufficient to blatantly contradict one party's version of events.” (internal quotation marks and brackets omitted)).

The initial circumstances of the encounter between Bradley and Bongiovanni are not recorded, so the Court relies on the undisputed facts and Bradley's deposition testimony. At the time of the incident, Bongiovanni was a sergeant with the Rochester Police Department. ECF No. 25-4 at 57-58. On the evening of September 2, 2017, Bongiovanni was on patrol in the area of Lyell Avenue in Rochester. Id. at 62. While stopped at a red light at the intersection of Lyell Avenue and Murray Street, he observed an individual-later identified as Bradley-drive a dirt bike down Murray Street and stop at the intersection. Id. Bradley was not wearing a helmet, and his dirt bike did not have a license plate affixed to it. ECF No. 39 ¶¶ 10, 11. Bradley performed a U-turn at the intersection and proceeded back up Murray Street-the wrong way on a one-way street. Id. ¶ 10.

The parties do not dispute that Bongiovanni thus observed Bradley commit three traffic violations: he did not wear a helmet, his bike did not have a license plate, and he drove the wrong way on a one-way street. Id. ¶ 11. Under New York law, Bongiovanni was permitted to arrest Bradley for those violations. See Bartels v. Inc. Vill. of Lloyd Harbor, 97 F.Supp.3d 198, 214-15 (E.D.N.Y. 2015).

Bradley returned to his home, which was on Murray Street. Bongiovanni followed. Bongiovanni testified that he wanted to find Bradley to “speak with him” and “have a conversation with him about his illegal activity.” ECF No. 25-4 at 71. After he had gotten off his bike, Bradley noticed a police car “just north” of his house. ECF No. 25-3 at 64. Bongiovanni yelled from his cruiser, “You, motherfucker on the dirt bike. Bring your mother-fucking ass here.” Id. at 65. Bradley was in shock and replied, “Excuse me?” Bongiovanni repeated, “You, motherfucker on the dirt bike. Bring your ass here.” Id. Bradley moved his bike, took his license from his pocket, and walked towards the cruiser. Id. He asked, “Is there a problem, Officer?” Id. Bongiovanni exited the cruiser and told Bradley he was under arrest. Bradley protested, “Under arrest? I got ID right here. I'm in my own yard. Write me a traffic ticket.” Id. at 66. It is during this initial argument in Bradley's front yard that Bongiovanni's bodycam footage begins.

The video starts with Bradley walking down his driveway towards Bongiovanni. The two talk over each other, with Bradley telling Bongiovanni not to “put his hands” on him, and Bongiovanni replying that Bradley cannot tell an officer what to do. As they talk, Bradley backs away, and Bongiovanni follows. Approximately fifteen seconds into their exchange, Bradley turns and sprints into the street, dodging as Bongiovanni attempts to grab him. Bongiovanni runs after Bradley, ordering Bradley to “get down on the ground.” They run around Bradley's house, and Bongiovanni calls for backup. Bradley returns to the front yard and runs up to his front door, telling a person inside to “open the door.” Bongiovanni reaches Bradley, attempts to grab him, and again orders him to get on the ground. Bradley parries Bongiovanni's hands and protests, “Why you coming up on me?” The pair move to the porch's railing, where Bongiovanni spins Bradley around and orders to put his hands behind his back. Bradley continues to protest, saying he “knows his rights” and questioning why he is being arrested. Bongiovanni repeatedly notifies Bradley he is under arrest and orders him to put his hands behind his back. Bradley refuses to do so and continues to protest his arrest.

Approximately twenty-five seconds after Bongiovanni turned Bradley around-and with Bradley still refusing to place his hands behind his back-Bongiovanni discharges pepper spray towards Bradley's face. (At his deposition, Bradley testified that Bongiovanni sprayed him twice; while the video does not show a second spray, the Court will assume as much for purposes of the motion. ECF No. 25-3 at 85.) Bradley leans away from the spray, and a woman appears from inside the home to object to Bongiovanni's use of pepper spray. Bradley maneuvers off the railing and out of Bongiovanni's grasp, running onto the front yard. Bradley turns around to face Bongiovanni but continues to back away as Bongiovanni repeatedly orders him to put his hands behind his back.

The video does not show clearly what occurs at this time in the front yard, but it appears that Bongiovanni strikes Bradley several times as Bradley backs up and attempts to evade the strikes. At his deposition, Bongiovanni stated that he used his baton to strike Bradley once “on his lower left leg” and then, when his baton fell to the ground, he kicked Bradley several times in the hip. ECF No. 25-4 at 104, 107-08. Bradley testified to similar effect, claiming that Bongiovanni punched, kicked, and used a baton against him in the front yard. ECF No. 25-3 at 86-87, 98, 100-101.

At this point, other police cars arrive, and Bradley takes off across the street and onto his neighbor's porch, where Bongiovanni and another officer grab him and attempt to take him down. The intervening officer tells Bradley to “get the fuck on the ground.” Because the bodycam is angled up, the video does not provide a clear view of Bradley's body or the force officers used against him. It appears from the video that, initially, Bradley is taken down so that he is on his knees and elbows. While holding the back of Bradley's neck Bongiovanni yells “knee strike” several times, each time followed by a muffled “thud” and Bradley shrieking. Bongiovanni explained at his deposition that, at this point, he had “pulled [Bradley's] waist downward and towards me to try to get him off the stairs” and had used “knee strikes into his buttocks and thigh area.” ECF No. 25-4 at 180. As Bongiovanni performs the knee strikes (or otherwise uses force against Bradley), the video shows that Bradley moves (or is moved) into a prone position. Bongiovanni then tells Bradley to put his hands behind his back and “don't fight.” The other officer tells Bongiovanni to back up, and Bongiovanni moves away from Bradley, so that the bodycam shows the other officer-with his knee on Bradley's leg-completing Bradley's handcuffing. Meanwhile, Bradley wails loudly. Once the handcuffing is complete, the other officer gets up, Bradley rolls (or is rolled) so that he is resting on his side, and then he moves to a sitting position.

At his deposition, Bradley offered a different narrative of what occurred once police caught up to him on his neighbor's porch:

I got to the door, I turned around. [Bongiovanni] came - - I think he came up the stairs and they bumped me and I turned around. I see all the lights, all the cars. It's like a blur. And I felt the

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