Figueroa v. Mazza

ELI SAMUEL FIGUEROA, Plaintiff, v. DONNA MARIE MAZZA; CHRISTOPHER KAROLKOWSKI;TODD NAGROWSKI; JOSEPH FAILLA; and DENNIS CHAN,individually and in their official capacities, Defendants.

11-CV-3160 (ARR)(CLP)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

March 30, 2017

NOT FOR ELECTRONIC OR PRINT PUBLICATION

OPINION & ORDER

ROSS, United States District Judge:

Plaintiff brings a civil rights case against defendant police officers stemming from his interactions with the police on June 30, 2010. A prior trial was held, and judgment was entered in favor of defendants on all counts notwithstanding a verdict for plaintiff. On remand from the Second Circuit, the following claims remain: (1) unlawful entry and (2) failure to intervene to stop an alleged assault. Currently before the court is defendants' motion for partial summary judgment on the unlawful entry claim. Defendants argue that their warrantless entry into plaintiff's mother's apartment was justified by the "emergency aid" exception to the Fourth Amendment's warrant requirement. Plaintiff argues that the facts known to officers at the moment of entry did not present an urgent need to render aid. Because I find that it was reasonable for defendants to conclude that a warrantless entry was justified by the emergency aid exception, I find that defendants are entitled to qualified immunity on the unlawful entry claim.

BACKGROUND

A. Factual Background

The following facts are substantiated by the record from the previous trial and viewed in the light most favorable to plaintiff.¹

1. Concepcion and Nagrowski's Investigations

On June 30, 2010, nonparty Officer Concepcion received a call from Steven Arias, the manager of a Duane Reade. Concepcion Test., Trial Tr. 165:9-25, ECF No. 207 at *71. Arias explained that he had received numerous calls from an unknown female pleading with him to delete images she had attempted to develop from a memory card using Duane Reade's self-service machine. Id. When he retrieved the photographs, Arias saw that they were naked photographs of a child, approximately two years of age. Id. Arias showed the photographs to Concepcion, who became immediately concerned that the child might be a victim of kidnapping or sexual abuse. Concepcion Test., Trial Tr. 175:22-176:13, ECF No. 207 at *81-82. In many of the photographs, which were apparently taken in a public restroom, the child was naked. He appeared to be in distress. Saenz Test., Trial Tr. 117:19-22, 118:6-8, ECF No. 207 at *23-24. Some photographs showed pictures of the child's genitalia and anus, including pictures of those areas at close range. Id., Trial Tr. 78:17-19, 82:17-22, 83:3-84:3, ECF No. 206 at *78, *82-84; Id., Trial Tr. 115:2-4, 15-16, ECF No. 207 at *21. In other photographs, the child was shown next to a newspaper and a money order. Id., Trial Tr. 77:19-22, 79:22-80:24, ECF No. 206 at *77, *79-80. The photographs were date-stamped June 25, 2010. Id., Trial Tr. 77:23-24, ECFNo. 206 at *77.

After speaking with Arias, Concepcion informed the detective squad and the human trafficking division about the contents of the photographs. Concepcion Test., Trial Tr. 166:19-167:10, ECF No. 207 at *72-73. At this point, defendant Detective Todd Nagrowski took over the investigation. See id. Nagrowski also interviewed Arias. Nagrowski Test., Trial Tr. 209:14-210:11, ECF No. 207 at *115-16. Nagrowski determined that the photographs were taken in the public restroom of a McDonald's. Id., Trial Tr. 217:18-218:11, ECF No. 207 at *123-24. By using the serial number on the money order shown in the photographs, Nagrowski obtained surveillance video of a woman purchasing a money order accompanied by the child from the photographs. Nagrowski Test., Trial Tr. 211:8-18, 215:9-216:3, ECF No. 207 at *117, *121-22. Nagrowski recognized this woman from a prior domestic dispute relating to a custody dispute. Id., Trial Tr. 223:11-15, ECF No. 207 at *129.

At this point, Nagrowski reviewed a file collected by nonparty Detective Hawkins, which documented her investigation into allegations of abuse by Shirley Saenz against her son's father. Shirley first complained to Hawkins on June 16, 2010.² Pl.'s Proposed Ex. 6 at 5.³ According to the file, Shirley had noticed rashes on her son's anus after visits with his father and suspected sexual abuse. Id. The file also noted the following:

[Shirley] did present pictures, which she stated were taken on 6/4/2010 at Dr. Hassan's office, prior to the [child] going to the [father's] home and then after, when returned home on 6/5/2010. The pictures show that the [child's] anus was red and had some sort of rash.

Id. Dr. Hassan later confirmed to Hawkins that these photographs were taken at the time of his exam of the child. Id. at 7. Elsewhere, Hawkins notes that another doctor, upon seeing the photographs, concluded that the child merely had a diaper rash. Id. at 6. No copies of photographs were found in Hawkins's file. Finally, in an interview with the child's father, Hawkins learned that, according to the father, a judge had told Shirley to "stop taking pictures of the [child]'s private area" and that Shirley was "involved with a cult like religious group" led by "Pastor Eli." Id. at 8. On June 19, 2010, Hawkins closed the case after determining that "there was no sufficient evidence that the [child] was a victim of any criminal offense." Id. at 9.⁴

Nagrowski subsequently went to the home of Beatrice Saenz. Id., Trial Tr. 223:23-224:19, ECF No. 207 at *129-30. Beatrice identified the child in the photographs as her grandson, minor F.R.J. Id., Trial Tr. 225:1-10; ECF No. 207 at *131. Nagrowski informed her that the police did not know where the child was and were trying to find him. Id., Trial Tr. 308:7-14, ECF No. 208 at *66. Beatrice said she was estranged from her daughter Shirley. Id., Trial Tr. 227:8-19; ECF No. 207 at *133. Beatrice also told Nagrowski that Shirley had joined acult led by plaintiff, that she had seen numerous bruises on Shirley, and that Shirley had indicated that she got these bruises from plaintiff when he was exorcising demons from her. Id. Finally, Beatrice told Nagrowski that Shirley was living with a friend, Isabel Romero, and provided that address. Id., Trial Tr. 228:10-13, ECF No. 207 at *134.⁵ Nagrowski called the precinct and told them that he knew the names of the mother and child. Id., Trial Tr. 260:25-261:6, ECF No. 208 at *18-19.

After speaking to Beatrice, Nagrowski went to the address she provided. Id., Trial Tr. 233:5-8, ECF No. 207 at *139. Romero confirmed that she was Shirley's roommate and stated that she had seen Shirley and her son sleeping in the apartment that morning. Id., Trial Tr. 233:22-234:5, ECF No. 207 at *139-40; Trial Tr. 264:21-265:11, ECF No. 208 at *22-23.⁶ Nagrowski asked Romero to contact him if she had contact with Shirley. Id., Trial Tr. 233:22-234:5, ECF No. 207 at *139-40.

2. Nagrowski Briefs Other Defendants

Defendants Christopher Karolkowski and Donnamarie Mazza came on-duty at 4:00 p.m. on June 30, 2010. Karolkowski Test., Trial Tr. 435:4-12, ECF No. 209 at *37; Mazza Test., Trial Tr. 465:22-466:4, ECF No. 209 at *67-68. They were shown the photographs.Karolkowski Test., Trial Tr. 436:1-5, ECF No. 209 at *38; Mazza Test., Trial Tr. 467:2-4, ECF No. 209 at *69. Karolkowski concluded that they were "proof of life" photographs taken to establish that a missing child is still alive in order to secure a ransom. Karolkowski Test., Trial Tr. 460:4-16, ECF No. 209 at *62. Mazza was informed that the child may have been abducted. Mazza Test., Trial Tr. 466:5-7, ECF No. 209 at *68. Both officers were informed about the call to Duane Reade to cancel the photographs, and that efforts were being made to locate the phone number used to cancel the order. Mazza Test., Trial Tr. 466:10-467:10, ECF No. 209 at *68-69; Karolkowski Test., Trial Tr. 436:5-438:3, ECF No. 209 at *38-40. Finally, Karolkowski was told that Nagrowski had a lead on the mother of the child. Id., Trial Tr. 438:8-16, ECF No. 209 at *40. Nagrowski spoke to Karolkowski "throughout the night." See id., Trial Tr. 441:21-442:3, ECF No. 209 at *43-44.

At an unknown time, defendant Joseph Failla reported to the precinct. Failla Test., Trial Tr. 361:7-24, ECF No. 208 at *119. Failla was a member of the Major Case Unit, a specialized unit that assists with, inter alia, kidnapping cases. Id., Trial Tr. 360:11-25, ECF No. 208 at *118. Upon arrival at the precinct, Failla spoke with Nagrowski about his investigation. Id., Trial Tr. 361:25-362:1, ECF No. 208 at *119-20. He was shown the photographs, told the case involved a possible kidnapping, and informed about the telephone number associated with the photographs. Id., Trial Tr. 362:2-18, ECF No. 208 at *120.

3. Defendants Investigate the Park

Meanwhile, the Technical Assistance Response Unit ("TARU") tracked the telephone number to an area near Tompkins Square Park, in lower Manhattan. Failla Test., Trial Tr. 363:9-364:14, 365:24-366:3, ECF No. 208 at *121-24. Based on this information, Mazza and Karolkowski searched the park for the boy in the photographs. Mazza Test., Trial Tr. 468:4-19,ECF No. 209 at *70. Finally, the TARU pinpointed a more exact location for the telephone used to call Duane Reade - plaintiff's mother's apartment. Failla Test., Trial Tr. 367:11-23, ECF No. 208 at *125.⁷

4. The Entry

When Failla, Mazza and Karolkowski drove to the apartment, they saw a TARU van and three to five other unmarked police cars, including members of "the felony apprehension squad." Karolkowski Test., Trial Tr. 444:5-17, ECF No. 209 at *46. Police had traced the phone number to plaintiff through an Internal Affairs Bureau ("IAB") complaint filed by plaintiff on June 28, 2010. Samuel Test., Trial Tr. 567:10-568:21, ECF No. 210 at *9-10. Plaintiff's IAB complaint alleged that Hawkins's investigation of potential abuse was insufficient. Id., Trial Tr. 568:16-569:23, ECF No. 210 at *10-11.

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