Cornell v. Vill. of Clayton

691 F.Supp.3d 608

David CORNELL, Plaintiff, v. The VILLAGE OF CLAYTON, Joshua David, Sheldon Moot,Kevin Dibble, and Scott Whitmore, Defendants.

5:20-CV-1283

United States District Court, N.D. New York

Signed September 13, 2023

FRED B. LICHTMACHER, ESQ., THE LAW OFFICE OF FRED LICHTMACHER P.C., Attorneys for Plaintiff, 116 West 23rd Street, Suite 500, New York, NY 10011.

STEVEN T HALPERIN, I, ESQ., HALPERIN & HALPERIN, P.C., Attorneys for Plaintiff, 18 E. 48th Street, Suite 1001, New York, NY 10017.

PAUL V. MULLIN, ESQ., SUGARMAN LAW FIRM LLP, Attorneys for Defendants the Village of Clayton, Joshua David, and Sheldon Moot, 211 West Jefferson Street, Syracuse, NY 13202.

AIMEE COHEN, ESQ., Ass't Attorney General, HON. LETITIA JAMES, New York State Attorney General, Attorneys for Defendants Kevin Dibble, and Scott Whitmore, 300 South State Street, Suite 300, Syracuse, NY 13202.

DECISION and ORDER

DAVID N. HURD, United States District Judge

I. INTRODUCTION

On October 18, 2020, David Cornell ("Cornell" or "plaintiff") filed this action against defendants the Village of Clayton (the "Village"), Clayton Police Officer Joshua David ("Officer David"), and Clayton Police Officer Sheldon Moot ("Officer Moot") (collectively the "Village defendants").¹ Dkt. No. 1. On February 3, 2021, plaintiff amended his complaint to add New York State Trooper Kevin Dibble ("Trooper Dibble"), and New York State Trooper Scott Whitmore ("Trooper Whitmore") (collectively the "State defendants") as defendants. Dkt. No. 25. On February 28, 2022, plaintiff filed a second amended complaint, correcting the spelling of Trooper Whitemore's name.² Dkt. No. 60. On September 6, 2022, plaintiff filed a third amended complaint, correcting the date of the events underlying the dispute. Dkt. No. 69.

Cornell's seven-count third amended complaint asserts 42 U.S.C. § 1983 claims against the Trooper defendants for excessive force (Count One) and failure to intervene to prevent the use of excessive force (Count Two). Dkt. No. 69. Plaintiff's third amended complaint also asserts § 1983 claims against Officer David and Officer Moot (collectively the "Village officers") for excessive force (Count One), failure to intervene to prevent the use of excessive force (Count Two), and false arrest (Count Six).³ Id. Finally, plaintiff's third amended complaint asserts common law claims against the Village under a respondeat superior theory for battery (Count Four), assault (Count Five), and false imprisonment (Count Seven).⁴ Id.

On February 21, 2023, the Trooper defendants moved for summary judgment under Federal Rule of Civil Procedure ("Rule") 56. Dkt. No. 83. On the same day, the Village defendants also moved for summary judgment under Rule 56. Dkt. No. 84. Both motions have been fully briefed and will be considered on the basis of the submissions without oral argument.

II. BACKGROUND⁵

In the early hours of July 20, 2019, Cornell was at the Lost Navigator, a bar in the Village of Clayton. Village Defs.' Statement of Material Facts ("Village Facts"), Dkt. No. 84-28 ¶¶ 5, 10. While at the bar, plaintiff became involved in a physical altercation with non-party Christopher Rexford ("Rexford"). Id. ¶ 16; Trooper Defs.' Statement of Material Facts ("Trooper Facts"), Dkt. No. 83-1 ¶ 13. Afterwards, plaintiff was escorted out of the bar by the bartender, Rexford, and a few other bar patrons. Village Facts ¶¶ 17-19; Trooper Facts ¶ 14. In order to remove plaintiff from the bar, Rexford pushed plaintiff out of the front entrance. Village Facts ¶¶ 18-19; Trooper Facts ¶ 14. As a result of the push, plaintiff fell on the sidewalk, hitting his knees, head, and ribs. Village Facts ¶¶ 21-24; Trooper Facts ¶ 15.

Cornell called 911 from the sidewalk outside of the Lost Navigator. Village Facts ¶ 28; Trooper Facts ¶ 16. Officers David and Moot of the Clayton Police Department were dispatched to the bar. Village Facts ¶¶ 29-30; Trooper Facts ¶ 18. When the Village officers arrived, they spoke with plaintiff outside of the bar. Trooper Facts ¶¶ 27-28. Plaintiff told the Village officers that he had been thrown out of the bar by the bartender and some bar patrons. Village Facts ¶¶ 51-54. Plaintiff also informed the Village officers that he sustained injuries as a result of being pushed out of the bar. Id. ¶¶ 51-55. Throughout this conversation, the Village officers observed that plaintiff appeared to be impaired by alcohol. Id. ¶¶ 57-58.

After a couple of minutes, Rexford exited the Lost Navigator. Trooper Facts ¶ 30. Rexford approached the Village officers and began speaking with them. Id. ¶ 31. Rexford then spoke with Officer David separately. Id. ¶ 32; Village Facts ¶ 62. Rexford told Officer David that plaintiff had been bothering him, his wife, and their friends at the bar, which ultimately led to a physical altercation. Village Facts ¶ 65; Trooper Facts ¶ 33. Rexford also told Officer David that he was the one who pushed plaintiff out of the bar. Village Facts ¶ 64.

New York State Troopers Whitmore and Dibble were also dispatched to the Lost Navigator as backup for the Village officers. Village Facts ¶ 40; Trooper Facts ¶ 36. The Trooper defendants arrived approximately three minutes after the Village officers arrived. Trooper Facts ¶ 34. Upon their arrival, Trooper Whitmore remained with plaintiff while Trooper Dibble spoke with other bar patrons and Officer David continued to speak with Rexford. Id. ¶ 39; Ex. F to Cowan Decl., Dkt. No. 83 ("Video") at 1:55:06-01:56:39. The Trooper defendants also observed that plaintiff appeared to be impaired by alcohol. Village Facts ¶¶ 59-61.

After several minutes of conversation with Cornell and Rexford, the Village officers asked plaintiff to leave the area of the Lost Navigator. Trooper Facts ¶ 42. Plaintiff complied with the order and left the area of the bar. Village Facts ¶¶ 82-83. Plaintiff walked a couple of blocks towards his campsite. Id. ¶¶ 83-84. However, five minutes later, plaintiff returned to the area of the bar. Id. ¶ 84.

From across the street, Cornell spoke to one of the officers. Village Facts ¶ 85. Plaintiff told the officer that he was hurt and asked if someone could give him a ride to his campsite. Id. ¶¶ 86-89. The officer responded in the negative and ordered plaintiff to leave the area. Id. ¶¶ 89, 91. Plaintiff turned and walked away from the officers. Trooper Facts ¶¶ 51-52. Before plaintiff reached the other side of the street, he turned around and approached the officers again. Id. ¶ 52. The officers met plaintiff in the middle of the street and walked with him down the street towards the direction of the campsite. Id. ¶¶ 53, 54; Village Facts ¶ 98. The officers then began walking back towards the area of the Lost Navigator. Village Facts ¶ 99; Trooper Facts ¶ 59.

Cornell turned around again and started walking towards the area of the Lost Navigator. Village Facts ¶ 99; Trooper Facts ¶ 60. The officers turned around and spoke with plaintiff in the street. Village Facts ¶ 100; Trooper Facts ¶ 61. Plaintiff began walking away from the bar, and the officers returned to the sidewalk in front of the bar. Village Facts ¶ 101; Trooper Facts ¶ 64.

Cornell stopped walking towards the direction of his campsite and turned back towards the Lost Navigator. Village Facts ¶¶ 102-03; Trooper Facts ¶ 65. The officers walked towards the plaintiff and told him that he was under arrest and to put his hands behind his back. Village Facts ¶¶ 102-03, 105; Trooper Facts ¶¶ 66-67. Plaintiff turned to the right and started walking behind a sedan parked in front of the bar. Village Facts ¶ 110; Video at 2:04:50-2:04:55. As the officers approached plaintiff, he either turned, or was turned, so that he could be handcuffed. Village Facts ¶ 112. According to the defendants, plaintiff attempted to pull away from the officers after his hands were behind his back. Id. ¶ 113; Trooper Facts ¶ 69.

Cornell's chest was then leaned against the trunk of the sedan in order to be handcuffed. Village Facts ¶ 114; Trooper Facts ¶ 70. According to plaintiff, he was forcefully slammed onto the trunk with so much force that his feet left the ground and his face hit the trunk of the car. Pl.'s Response to Village Facts, Dkt. No. 87-1¶ 114, 122-24, 126. However, the defendants assert that plaintiff was not slammed or smashed into the sedan. Village Facts ¶ 116; Trooper Facts ¶¶ 70-71.

After Cornell was handcuffed, his chest was lifted from the trunk of the sedan. Village Facts ¶ 130. As plaintiff was being lifted, he fell onto the ground. Id. Plaintiff maintains that his fall was the result of being purposely dropped. Pl.'s Response to Village Facts ¶¶ 131-132. In contrast, the defendants assert that plaintiff was not purposely dropped or pushed onto the ground. Village Facts ¶¶ 131-32; Trooper Facts ¶¶ 77-78.

The Village officers lifted Cornell up off of the ground and held onto his arms. Village Facts ¶ 133; Trooper Facts ¶ 79. The Village officers began escorting plaintiff to the Clayton Police Department patrol vehicle. Village Facts ¶ 134; Trooper Facts ¶ 80. As plaintiff was being escorted, he fell forward onto the ground. Village Facts ¶ 135; Trooper Facts ¶ 83. The Village officers placed plaintiff in a seated position on the ground. Village Facts ¶ 143; Trooper Facts ¶ 84. Plaintiff was then lifted up and assisted into the back of the police vehicle. Village Facts ¶ 144; Trooper Facts ¶ 86.

Cornell was taken to the Clayton Police Department. Village Facts ¶ 147; Trooper Facts ¶ 97. An ambulance from the Thousand Islands Emergency Rescue Services ("TIERS") responded to the police department to evaluate plaintiff. Village Facts ¶¶ 149-50. The TIERS records provide that:

Patient is talking full sentences, shows no signs of respiratory distress, states no difficulty breathing . . . skin is intact, warm and dry—except for a laceration of approximately an each across the bridge of his nose and small hematoma on his right upper forehead. Patient admits to alcohol use

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