Murphy v. Metropolitan Transp. Authority

548 F.Supp.2d 29

James MURPHY, Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY, Defendant.

No. 05 Civ. 0376(CM).

United States District Court, S.D. New York.

March 26, 2008.

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Philip J. Dinhofer, Philip J. Dinhofer, LLC, Rockville Centre, NY, for James Murphy.

Ronald E. Joseph, Erika Catherine Browne, James M. Woolsey, III, Landman Corsi Ballaine & Ford PC, New York, NY, for Metro. Transp. Authority.

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

I. Introduction

Plaintiff James Murphy brings this action against his former employer, the Metropolitan Transportation Authority (MTA), alleging a series of injuries sustained by Murphy prior to his retirement in 2006, and seeking to hold the MTA liable under the Federal Employers' Liability Act (FELA). The MTA now moves this court for summary judgment as to all claims.

Defendant's motion is granted in part, and denied in part.

II. Background

Plaintiff James Murphy is a retired twenty-year veteran of the Metropolitan Transportation Authority Police Department (MTAPD). Pl.'s Rule 56.1 Statement, ¶ 1. Prior to his injuries and recent retirement, Murphy had a history of good health and was known for putting in long overtime hours. Id. His primary post was the late shift at Penn Station, and during the period from 2003-04 he also held a guard detail at the First Avenue and NYU Medical Center portal. Id. ¶ 5.

The Defendant in this action is Murphy's former employer, the Metropolitan Transportation Authority (MTA), a common carrier within the meaning of the Federal Employers' Liability Act (FELA). Greene v. Long Island R.R. Co., 99 F.Supp.2d 268 (E.D.N.Y.2000) (holding that the MTA is subject to suits under FELA), aff'd, 280 F.3d 224 (2d Cir.2002), cert, denied, Metro. Transp. Auth. v. Greene, 538 U.S. 1031, 123 S.Ct. 2073, 155 L.Ed.2d 1060 (2003).

Murphy's tort claims arise out of a knee injury he suffered on April 18, 2003, and a series of alleged threats made by his supervisor, Sergeant Joseph Camean (Camean). The facts as described are either undisputed, or presented in the light most favorable to Murphy.

a. The knee injury

At approximately 9:30 pm on Friday, April 18, 2003, Murphy was on his shift in the Penn Station terminal, on the Long Island Railroad (LIRR) level. Pl.'s Rule 56.1 Statement, ¶ 2. He was in the process of assisting an extremely intoxicated person when he received a "10-85" call from fellow officer Edward O'Flaherty. Id.

A "10-85" is listed in the MTAPD manual as meaning, "Request Additional Unit/ Meet." Def.'s Ex. 10. The parties appear to agree that a 10-85 is regarded as the second "highest" or second most urgent call an officer can make, the highest being a "10-13." (A 10-13 is listed as meaning "Assist Police Officer — EMERGENCY." Id.). The parties disagree about whether a 10-85 should be characterized as an "emergency" or "non-emergency" call.

Upon receiving O'Flaherty's call, Murphy began running toward its source, Tracks restaurant, charting a diagonal path across the terminal. Pl.'s Rule 56.1 Statement, ¶ 2. When Murphy saw that his path was blocked by an arrangement of stanchions — rope-supporting poles put in place to form lines in front of the ticket counters — Murphy made a sharp pivot mid-run, in order to head diagonally in another direction. Id. ¶ 3. While making this maneuver, Murphy felt an unfamiliar "pop" in his knee. Id. He continued toward the source of the call, but when he got there discovered that other officers had already arrived. Id.

After the situation at Tracks was resolved, Murphy continued his regular shift. After two hours he realized that the pain in his knee was not going away, and in fact was becoming "excruciating." Id. Murphy had no prior knee injuries or pain. He notified his commanding officer and was eventually taken to the emergency room in an ambulance for the injury. Id.

Murphy later learned that O'Flaherty had placed the 10-85 call while attempting to remove an obstreperous patron from the Tracks restaurant. Id. ¶ 4. O'Flaherty was a canine officer, which meant that he had a leashed police dog with him at all times. In order to remove the patron, O'Flaherty had placed his right hand on her arm, while in his left hand he held his partner's leash. As the dog began to pull on the leash, and the woman resisted his grip, O'Flaherty began to fear a confrontation between his wards. In order to alleviate the situation, he placed the 10-85. Id.; see also Pl.'s Ex. 16, Deposition of Edward O'Flaherty.

b. The gun threats

Murphy also alleges a wholly distinct injury arising out of distinct facts. In mid 2003 Joseph Camean (Camean) was promoted to the rank of sergeant and given a supervisory post in Penn Station. This post brought Camean into regular contact with the Plaintiff.

Plaintiff alleges that, soon after Camean was promoted, he led a group of fellow officers (known collectively as "the Wolf Pack") in a violent spree targeting the homeless. Id. ¶ 6. In support of his allegations Plaintiff submits a series of civilian complaints lodged against Camean and members of his group, all dated during the period between Fall 2003 and March 24 of 2004. See Pl.'s Exs. 22-54.

On January 18, 2004, three members of the "Wolf Pack" were involved in the beating of one Maurice Cherry. After reports from a number of witnesses, an investigation was launched by internal affairs. Plaintiff alleges that, as a result of this investigation, Camean sought to shield one of the alleged participants in the beating, an Officer Koenig, from scrutiny, by having him reassigned to Plaintiffs First Avenue post. Id. ¶ 9.

To effectuate this plan, it is alleged, Camean began harassing Murphy in a number of ways. See id. ¶¶ 9-13. Murphy alleges that Camean and his group obtained a picture of him sleeping on the job, and attempted to use that picture to blackmail him. More seriously, he claims to have been threatened by Camean on four occasions with a gun.

One such threat occurred on February 18, 2003. Plaintiff alleges that he was working the midnight shift at Penn Station, performing various administrative tasks. He claims that, after faxing a document, he turned around to find Camean pointing his gun at his chest, with his finger on the trigger, laughing.

Another incident allegedly occurred on March 18 or 19. Murphy was sitting at a desk doing paperwork, while — unbeknownst to him — Camean snuck up behind him and aimed his gun at Murphy's head, apparently for the amusement of himself and other officers present in the room. Murphy was not aware that anything had happened, but on March 23 another officer anonymously reported the March 19 incident to internal affairs. Id. ¶ 10.

The next event allegedly occurred only a few days later, on either March 23 or 24. Plaintiff claims that, while walking down a hallway he encountered Camean, who drew his gun and pressed it against Murphy's stomach, while "maniacally laughing." Id.

Plaintiff does not recall the exact date of the fourth incident, though it allegedly occurred between January 18 and March 24. In this incident, Camean pulled his gun, not on Murphy, but on one Officer Lee (who was allegedly a part of Camean's Wolf Pack). Officer Lee, who was trained in martial arts, made a move to disarm Camean, and in the ensuing struggle Camean's gun wound up pointed at Plaintiffs face. Lee allegedly said at the time that, "If a round went off, [Murphy] would have gotten it." Id.

Despite being in constant fear for his life throughout the period from roughly January 18 through March 24, Murphy never reported Camean's behavior. It was originally uncovered as part of the investigation into the Maurice Cherry beating, which had drawn attention to the pattern of police violence reported against Camean and those whom he supervised. See generally Pl.'s Exs. 10, 19-21, 55, 57-58, 61, 69, 77, 83-86, 88 (Deposition of Lieutenant Timothy Harmon), In addition to the civilian reports and the anonymous call concerning the March 19 gun incident received by internal affairs, Chief Finneran of internal affairs also received, on or about March 19, an anonymous letter, which alleged that Camean had pulled his gun on another officer Pl.'s Ex. 4. A Lieutenant Pattison also admitted to having witnessed Camean with his gun un-holstered inappropriately. Pl.'s Ex. 90.

Sometime during the course of the investigation into the Cherry beating, the MTA picked up on this pattern. On March 24, internal affairs contacted Murphy regarding the March 19 incident, about which internal affairs had received an anonymous phone call. Pl.'s Ex. 59. Plaintiff insisted that he was unaware of that incident, but when pressed, told internal affairs about all of the other gun menacing incidents, and about Camean's violent and sadistic disposition. Pl.'s Ex. 8.

Upon learning this information the MTA removed Camean from his post. Pl.'s Rule 56.1 Statement, ¶ 16. Camean was eventually indicted and pled guilty for his role in covering up the Maurice Cherry beating. Id. He is no longer employed by the MTA.

c. The order to return to Penn Station

Plaintiff was reassigned to the Merrick, Long Island station, after March 24, 2004, while the Camean investigation continued. In late September of that year, the MTA determined that Murphy should return to his Penn Station post. Pl.'s Rule 56.1 Statement, ¶¶ 18-19. Although Camean and some members of the alleged Wolf Pack were no longer stationed there, other members of that group were. Id. Murphy feared that there would be reprisals from those loyal to Camean for Murphy's role in the internal affairs investigation. Id.

When Murphy was told that he had to return to Penn Station he appeared visibly shaken and began to cry. Id. On the date he was due to return, he wrote a letter to his superiors indicating that he would not return, as h...