Johnson v. N.Y. State Police

659 F.Supp.3d 237

Robbie C. JOHNSON, individually and as Administrator of the Estate of Tyler R. Johnson, Deceased,and Ashley E. Russell, guardian on behalf of H.M.J., minor daughter of Tyler R. Johnson, Plaintiffs, v. NEW YORK STATE POLICE, New York State Trooper Robert C. Annarino, in his officialand individual capacities, Oneida County Sheriff's Deputy Emrah Latic,in his individual capacity, AmCare Ambulance Service,a domestic company, Paul W. Taylor, an employee of AmCare,and the County of Oneida, Defendants.

6:22-CV-343

United States District Court, N.D. New York

Signed March 2, 2023

JONATHAN C. MOORE, ESQ., JEFFREY F. KINKLE, ESQ., BELDOCK, LEVINE & HOFFMAN, Attorneys for Plaintiffs, 99 Park Avenue, 26th Floor, New York, NY 10016.

SARAH J. GELSOMINO, ESQ., TERRY H. GILBERT, ESQ., FRIEDMAN, GILBERT & GERHARDSTEIN, LLC, Attorneys for Plaintiffs, 50 Public Square, Suite 1900, Cleveland, OH 44113.

HON. LETITIA JAMES, New York State Attorney General, CHRISTOPHER HUMMEL, ESQ., ROBERT J. ROCK, ESQ., Ass't Attorneys General, Attorneys for Defendants New York, State Police and New York State, Trooper Robert C. Annarino, The Capitol, Albany, NY 12224.

DAVID H. WALSH, IV, ESQ., DANIEL CARTWRIGHT, ESQ., KENNEY SHELTON LIPTAK NOWAK LLP, Attorneys for Defendants Oneida, County Sheriff's Deputy Emrah, Latic and the County of Oneida, 4615 North Street, Jamesville, NY 13078.

STEVEN W. WILLIAMS, ESQ., SMITH, SOVIK, KENDRICK & SUGNET, P.C. - Syracuse Office, Attorneys for Defendants AmCare, Ambulance Service and Paul W. Taylor, 250 South Clinton Street, Suite 600, Syracuse, NY 13202.

DAVID N. HURD, United States District Judge

TABLE OF CONTENTS

I. INTRODUCTION . . . 243

II. BACKGROUND . . . 244

III. LEGAL STANDARDS . . . 246

A. Rule 12(b)(1) . . . 246

B. Rule 12(b)(6) . . . 246

IV. DISCUSSION . . . 246

A. Section 1983 Claims . . . 247

1. State Defendants . . . 247

2. County Defendants . . . 248

i. Deputy Latic . . . 249

a. Unlawful Seizure and Excessive Force . . . 249

b. Failure to Intervene . . . 250

ii. The County . . . 251

a. Widespread Practice . . . 252

a. Failure to Train or Supervise . . . 252

B. Disability Claims . . . 253

1. State Defendants . . . 253

i. Trooper Annarino . . . 253

ii. The State Police . . . 254

a. Merits . . . 254

b. Eleventh Amendment . . . 255

2. County Defendants . . . 257

i. Qualified Individual with a Disability . . . 257

ii. Intentional Discrimination . . . 259

C. State Law Claims . . . 260

1. Negligence . . . 260

2. Pain and Suffering . . . 260

3. Infliction of Emotional Distress . . . 261

4. Wrongful Death . . . 262

V. CONCLUSION . . . 263

DECISION and ORDER

I. INTRODUCTION

This civil rights action arises from the untimely death of Tyler R. Johnson ("Tyler" or "decedent"). Tyler, a 24-year-old man who suffered from a serious, disabling seizure disorder, was shot and killed in his home by a New York State Police ("State Police") Trooper named Robert C. Annarino ("Trooper Annarino"). Trooper Annarino had been dispatched to Tyler's house in response to a call for medical assistance made by a family member after he was found lying unresponsive on his bed the evening of April 16, 2020.

On April 11, 2022, plaintiffs Robbie C. Johnson ("Robbie" or "Johnson"), Tyler's father and the administrator of his estate, and Ashley E. Russell ("Russell"), the mother and adult guardian of Tyler's minor daughter H.M.J. (collectively "plaintiffs"), filed this civil action against the State Police, Trooper Annarino, the County of Oneida ("the County"), County Sheriff's Deputy Emrah Latic ("Deputy Latic"), AmCare Ambulance Service ("AmCare"), and AmCare employee Paul W. Taylor ("Paramedic Taylor").

Plaintiffs' thirteen-count complaint alleges 42 U.S.C. § 1983 claims for unlawful seizure and excessive force (Counts One and Two), a failure to intervene (Count Three), municipal liability (Count Six), and a violation of substantive due process (Count Twelve). The complaint alleges claims under Title II of the Americans with Disability Act ("ADA") and Section 504 of the Rehabilitation Act (Counts Four and Five). Finally, the complaint alleges state law claims for negligence (Counts Seven and Eight), pain and suffering (Count Nine), the negligent infliction of emotional distress (Count Ten), vicarious liability (Count Eleven), and wrongful death (Count Thirteen).

On June 15, 2022, the State Police and Trooper Annarino (collectively the "State defendants") moved to dismiss the complaint under Federal Rules of Civil Procedure ("Rule") 12(b)(1) and 12(b)(6). Dkt. No. 29. The County and Deputy Latic (collectively the "County defendants") have also filed a motion to dismiss under Rule 12(b)(6). Dkt. No. 30. Both motions have been fully briefed and will be considered on the basis of the submissions without oral argument.¹

II. BACKGROUND

Prior to the events that resulted in his death, Tyler lived with his father, Robbie, and his father's girlfriend, Melissa Howard, at 4989 Golly Road in the Town of Lee, New York. See Compl. ¶ 22. Tyler "had suffered for many years" from seizures. Id. ¶ 18. These seizures caused his muscles to stiffen and jerk. Id. These seizures also caused him to lose consciousness. Id.

On April 16, 2020, at around 7:00 o'clock in the evening, Robbie went into Tyler's bedroom to check on him and found Tyler lying unresponsive on his bed. Compl. ¶ 23. Robbie recognized Tyler's symptoms to be consistent with the onset of a seizure, so he shouted to Ms. Howard to call 911. Id. ¶ 24. Ms. Howard call 911, asked for medical assistance, and told the 911 dispatcher that Tyler was "breathing but not responding." Id. ¶ 25. Ms. Howard also told the 911 dispatcher that Tyler "might have been experiencing a drug overdose" but that he also had "a seizure disorder." Id. ¶ 26.

Shortly after Ms. Howard first called 911, Ashley Johnson, Tyler's sister, arrived at the house. Compl. ¶ 27. Ashley was familiar with the symptoms of Tyler's seizures. Id. She saw that Tyler was "lying on his left side with his arms across his chest and his fists clenched." Id. She also saw that he "was drenched in sweat and light purple and that his eyelids were twitching." Id.

Ashley recognized that these were the "typical symptoms" of one of Tyler's seizures. Compl. ¶ 27. She told Ms. Howard, who "got back on the line" with 911 and informed the 911 dispatcher that Tyler was in fact experiencing one of his seizures. Id. ¶ 28. According to the complaint, the 911 dispatch log indicates that the 911 dispatcher "updated the police department" with this additional, important information. Id. ¶ 29.

This was hardly Tyler's first seizure. See Compl. ¶ 30. The Johnson family had called 911 many times in the past when Tyler experienced one of these seizures. Id. But each time that the Johnson family had called 911 in the past, medical personnel had responded to their call for assistance. Id.

This time, however, Trooper Annarino responded to the 911 call for medical assistance. Compl. ¶ 31. When Trooper Annarino arrived at the Johnson family's house, Robbie was kneeling on the floor next to his son's bed "rubbing his back, arms, and head to calm him down" in a manner that was consistent with Robbie's understanding of how to help someone experiencing a seizure. Id. ¶¶ 32-33. Robbie also informed Trooper Annarino that Tyler was having a seizure. Id. ¶ 34.

Even so, Trooper Annarino ordered everyone out of the room. Compl. ¶ 35. He then grabbed Tyler's shoulders and attempted—and failed—to push Tyler onto his back. Id. ¶ 36. Trooper Annarino's approach to Tyler's seizure was in "direct contravention of medical best practices." Id. Trooper Annarino then radioed dispatch to advise that the scene was secure and that someone from Emergency Medical Services ("EMS") could enter Tyler's room. Id. ¶ 37.

Paramedic Taylor was on duty that day. Compl. ¶ 38. He had been to the Johnson's house before. Id. ¶ 39. He had responded to other medical calls about Tyler's seizure disorder. Id. So Paramedic Taylor was well aware of Tyler's medical condition and his prior history of seizures. Id. Indeed, when Paramedic Taylor entered the bedroom, Trooper Annarino even advised him that he also believed Tyler was having a seizure. Id. ¶ 43.

Despite the fact that it was inappropriate to do so, Trooper Annarino again attempted to forcefully push Tyler onto his back. Compl. ¶ 44. And although Paramedic Taylor knew this approach was a totally inappropriate way to treat a person experiencing a seizure, he chose to assist Trooper Annarino in "forcibly restraining" Tyler by "grabbing his right leg." Id. ¶ 45. According to the complaint, despite being a trained medical officer Paramedic Taylor failed to instruct or advise Trooper Annarino about the medically appropriate way to deal with a person experiencing a seizure. Id. ¶ 46.

At this time, Tyler's seizure began to subside. Compl. ¶ 48. But he was still disoriented and confused. Id. He did not know why Trooper Annarino and Paramedic Taylor were pushing him down or grabbing his leg. Id. He told both defendants to get off of him. Id. ¶ 49. He tried to sit up. Id. ¶ 50.

Neither Trooper Annarino nor Paramedic Taylor released their grip on Tyler. Compl. ¶ 50. So Tyler began to struggle against them. Id. Deputy Latic arrived while this was happening. Id. ¶ 52. Deputy Latic began to help Trooper Annarino and Paramedic Taylor hold Tyler down. Id. ¶ 53. Deputy Latic managed to get his arms wrapped around Tyler's legs. Id. ¶ 54.

While Deputy Latic and Paramedic Taylor wrestled with Tyler's legs, Trooper Annarino fired three gunshots at decedent. Compl. ¶ 54. Decedent fell to the floor on his hands and knees. Id. ¶ 55. Trooper Annarino fired two more gunshots at decedent. Id. ¶ 56. Robbie, decedent's father, was in the immediate vicinity of the encounter and witnessed his son's death. Id. ¶ 57.

Decedent was taken to Rome Memorial Hospital, unresponsive and in full cardiac arrest. Compl. ¶ 60. He was pronounced dead at 8:02 p.m. Id. The proximate cause of his death was...