Jackson v. Nassau Cnty.

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JOSEPH JACKSON, Plaintiff, v. NASSAU COUNTY; DETECTIVE ROBERT DEMPSEY; DETECTIVE GARY ABBONDANDELO; DETECTIVE JOHN M. HOLLAND; DETECTIVE MICHAEL HERTS; DETECTIVE MARTIN ALGER; DETECTIVE WALTER SWENSON; DETECTIVE ANTHONY KOSIOR; DETECTIVE SERGEANT DAN SEVERIN; and JOHN and JANE DOE 1 through 20, Defendants.

No. 18-CV-3007(JS)(AYS)

United States District Court, E.D. New York

September 20, 2024

APPEARANCES

For Plaintiff: Baree N. Fett, Esq., Gabriel Paul Harvis, Esq. Elefterakis, Elefterakis & Panek

For Defendant Nassau County Individual Police Officer Defendants Allison Michelle Holubis, Esq. & Janine A. Mastellone Esq. John Martin Flannery, Esq. John Vitagliano, Esq., Peter A. Meisels, Esq., Wilson, Elser, Moskowitz, Edelman &amp Dicker, LLP.

MEMORANDUM & ORDER

Joanna Seybert, U.S.D.J.

Presently before the Court is the Summary Judgment Motion of The County of Nassau (the “County”), Robert Dempsey, Gary Abbondandelo, John M. Holland, Michael Herts, Martin Alger, Walter Swenson, Anthony Kosior, and Dan Severin (collectively, the “Individual Defendants” and together with the County “Defendants”), filed pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking summary judgment on all claims alleged by Joseph Jackson (hereafter, the “Plaintiff”) in his Third Amended Complaint (hereafter, the “TAC”) (see ECF No. 339). For the reasons that follow, Defendants' Motion is GRANTED IN PART AND DENIED IN PART for the reasons set forth herein.

BACKGROUND

I. Facts^[1]

A. The Parties

Plaintiff “is a resident of Nassau County, New York.” (Defs' 56.1 Stmt. ¶ 1.)

Steven Jason (hereafter, “Victim”) was murdered on March 20, 1994. (Id. ¶ 3.) On December 9, 1996, Plaintiff was convicted of Victim's murder. (Id.)

Nassau County “is a municipal corporation organized under the laws of the state of New York.” (Id. ¶ 2.)

At all relevant times from March 20, 1994, to December 9, 1996:

1. “retired Detective Robert Dempsey” (hereafter, “Dempsey”), “was a member of the Nassau County Police Department” (hereafter, the “NCPD”), “with the rank of Detective.” (Id. ¶ 3);

2. “retired Detective Gary Abbondandelo” (hereafter, “Abbondandelo”) “was a member of the NCPD with the rank of Detective.” (Id. ¶ 4.) Abbondandelo was the “carrying”, or “lead,” detective in Victim's homicide investigation. (Pl's 56.1 Stmt. Add'l Facts ¶ 51, 56);

3. “retired Detective John M. Holland” (hereafter, “Holland”) “was a member of the NCPD with the rank of Detective.” (Defs' 56.1 Stmt. ¶ 5);

4. “retired Detective Michael Herts” (hereafter “Herts”) “was a member of the NCPD with the rank of Detective.” (Id. ¶ 6);

5. “retired Detective Martin Alger” (hereafter, “Alger”) “was a member of the NCPD with the rank of Detective.” (Id. ¶ 7); 6. “retired detective Walter Swenson” (hereafter “Swenson”) “was a member of the NCPD with the rank of Detective.” (Id. ¶ 8);

7. “retired Detective Anthony Kosior” (hereafter “Kosior”) “was a member of the NCPD with the rank of Detective.” (Id. ¶ 9); and

8. “retired Detective Sergeant Dan Severin” (hereafter, “Severin”) “was a member of the NCPD with the rank of Detective Sergeant.” (Id. ¶ 10.)

Lionel Olige (hereafter, “Friend”) was Plaintiff's childhood friend. (Id. ¶¶ 11-12.) Plaintiff's friendship with Friend “continued after they were children.” (Id. ¶ 12.)

Peddie Jenkins (hereafter “Cousin”) is Plaintiff's cousin. (Id. ¶ 13.) Cousin referred to Plaintiff as “Star” because Plaintiff went by the nickname “Starking.” (Id.) Cousin testified he was acquainted with Victim because they went to Freeport High School together. (Id.)

B. Friend's Alleged Shooting of Victim

“On December 7, 1993, [Friend] allegedly shot and injured [Victim]”; consequently, Friend was “arrested and charged with assault in the first degree and criminal use of a firearm in the second degree.” (Id. ¶ 16.)

“On January 3, 1994, [Victim] testified at a Felony Exam that [Friend] shot him on December 7, 1993.” (Id. ¶ 17.)

In prior testimony, Cousin asserted Plaintiff told him that Friend shot Victim, and, as a result of the shooting, Friend was arrested and in jail. (Id. ¶ 18.) Likewise, Cousin testified Plaintiff informed him “[P]laintiff knew [Victim] was ‘snitching' on [Friend] and that [Victim] was going to testify in the Grand Jury against [Friend].” (Id.) Further, Cousin testified Plaintiff told him “[Plaintiff] wanted to kill [Victim] because [Victim] ‘was a bitch ass nigger for snitching on [Friend] because [Victim] had supposedly pulled a gun out on [Friend]”, which gun Friend had subsequently “took . . . from [Victim],” and used to shoot Victim. (Id. ¶ 22.)

C. Victim's Subsequent Murder

On March 20, 1994, Victim was murdered. (Id. ¶ 24.) “[Victim] was shot on the sidewalk of Sunrise Highway in Freeport, New York in the vicinity of the Blimpies restaurant and the American Legion Hall.” (Id.) An autopsy performed upon Victim's body revealed he “was shot four times, and that [he] died as a result of multiple gunshot wounds to his chest and abdomen.” (Id. ¶ 25.)

1. The NCPD's Initial Response to Victim's Shooting

In 1994, Abbondandelo “was assigned to the NCPD Homicide”; Abbondandelo “had been assigned to the Homicide Squad for approximately 19 years.” (Id. ¶ 26.) “In the early morning of March 20, 1994,” Abbondandelo “received a call, was informed that there had been a shooting in the vicinity of the Blimpies restaurant on Sunrise Highway in Freeport, New York, and responded to the scene . . . at approximately 4:15 a.m.” (Id. ¶¶ 26-27.) Swenson, who “was assigned to the NCPD homicide squad in 1993 . . . was assigned to assist . . . Abbondandelo in investigating [Victim's] Murder.”. (Id. ¶ 29.) Herts and Holland, both NCPD First Squad detectives, were also assigned to assist in Victim's homicide investigation. (Id. ¶ 28.) Herts and Holland “arrived at the crime scene together on March 20, 1994 at approximately 4:42 a.m.” (Id.) “On March 20, 1994, . . . Severin was the on-call supervisor for the NCPD Homicide Squad.” (Id. ¶ 30.) “Severin responded to the scene well after the shooting occurred . . . at approximately 4:10 a.m.” (Id.)

2. Cousin's Second Account of Victim's Murder Becomes the NCPD's Theory of the Shooting

According to Cousin, Cousin allegedly “told Plaintiff that [Victim] was throwing a party.”^[2] (Id. ¶ 35.) “Blimpies is on the same block, the same side of the street (Sunrise Highway) and in close proximity to the American Legion Hall where [Victim's] party was taking place.” (Id. ¶ 40.)

Cousin attended Victim's party, and testified “[d]uring the party, [Cousin] stepped outside of the American Legion Hall, walked towards Blimpies, and saw [P]laintiff.” (Id. ¶ 41.) Plaintiff disputes [Cousin's] testimony arguing he was not present at that location on March 20, 1994. (See Pl's Counterstmt. ¶ 41.) According to Cousin, “Plaintiff asked [Cousin] to let him know when [Victim] was coming outside”; Cousin agreed to do so. (Defs' 56.1 Stmt. ¶¶ 42-43.) “After speaking with [P]laintiff, [Cousin allegedly] went back to the American Legion Hall.” (Id. ¶ 45.)

Cousin avers, “[w]hen [Cousin] went back inside the American Legion Hall, he saw Tyrone Isaac and asked Tyrone Isaac to let him know when [Victim] was coming outside,” which Tyrone Isaac did. (Id. ¶¶ 46-47.) Cousin testified he “then went outside, ran down to Blimpies and told Plaintiff that [Victim] was coming outside.” (Id. ¶ 48.)

Next according to Cousin, “[Victim] walked outside and started walking towards Blimpies.” (Id. ¶ 50.) Cousin allegedly “followed [Victim] outside and hid behind a car.” (Id. ¶ 51.) Cousin testified “[a]s [Victim] approached Blimpies, [Cousin] saw [P]laintiff pull out a black gun, point it at [Victim] and then heard several gun shots.” (Id. ¶ 52.) Cousin estimated “Plaintiff was approximately three to five feet away from [Victim] when he pointed the gun at him.” (Id. ¶ 53.) Cousin then claims to have observed “[P]laintiff run away from the shooting towards [Victim's] car and the Blimpies parking lot.” (Id. ¶ 54.) “[Cousin] then got up, ran over to [Victim] and saw [Victim] holding his chest.” (Id. ¶ 55.) Cousin testified Victim seemed to be in shock and kept saying “Star.” (Id. ¶ 56.)

Next, Cousin testified he “ran back inside the American Legion Hall and announced that [Victim] [had been] shot.” (Id. ¶ 58.) “Everybody at the party then ran outside the American Legion Hall.” (Id. ¶ 59.) Cousin avers he “left the American Legion Hall through the front door,” a few minutes later, before heading “to the Freeport cab station.” (Id. ¶ 60.)

Cousin testified, the following morning, he “saw [P]laintiff at [P]laintiff's apartment in Hempstead, New York.” (Id. ¶ 62.) Cousin claims he spoke “with [P]laintiff about the party and [P]laintiff told [Cousin] to ‘shut [his] mouth and go back to the group home.'” (Id. ¶ 63.)

3. Cousin's Subsequent Arrest and Initial False Statement to NCPD Regarding Victim's Murder

On October 18, 1994, Severin spoke with, what was at the time, an anonymous caller, but who was later identified as Darren Brennan; Darren reported that Cousin had been bragging about setting up Victim's murder. (See id. ¶ 64; see also Severin Dep. Tr., Ex. KK, ECF No. 390-11, 332:17-333:16; Pl's 56.1 Stmt. Add'l Facts ¶ 123.) “At the time the Homicide Squad received” the tip, the investigation into Victim's homicide had stalled. (Pl's 56.1 Stmt. Add'l Facts ¶ 123.)

Subsequently “[o]n November 15, 1994, at approximately 3:25 p.m., [Cousin] was brought to NCPD police headquarters in Mineola, New York by F[reeport ]PD police officers.” (Defs' 56.1 Stmt. ¶ 65.) For the first few hours Cousin was in NCPD custody, Cousin denied his identity and claimed he was his younger brother. (See Abbondandelo Dep. Tr. I, Ex. 6, ECF No. 389-6,...