Strobridge v. City of Elmira

BRYCE STROBRIDGE, as Administrator of the Estate of GARY EDWARD STROBRIDGE, also known as GARY STROBRIDGE, deceased, Plaintiff, v. CITY OF ELMIRA, et al., Defendants.

No. 20-CV-1125S

United States District Court, W.D. New York

February 28, 2022

DECISION AND ORDER

WILLIAM M. SKRETNY UNITED STATES DISTRICT JUDGE

I. Introduction

This is a civil rights action for excessive force and wrongful death applied to the late Gary Edward Strobridge (hereinafter “Decedent”) arising from his detention and subsequent death. Plaintiff Bryce Strobridge (“Plaintiff”) is the Decedent's father and administrator of his estate (Docket No. 11, Am. Compl ¶¶ 10, 7). Defendants are the City of Elmira, New York (the “City”), its Police Department (“EPD” or “Department”), and police Lieutenant William Solt, Captain John Perrigo, and Officers Joseph Linehan, Brianna Borden, Amani Hadlock, Eduardo Oropallo, and James Samuelson (id. ¶¶ 13-19).

These officers approached, apprehended, and detained Decedent during his mental health episode at his Horner Street home, transported him to St. Joseph's Hospital, Elmira, and retained custody over him while in the hospital.

Plaintiff alleges for Decedent's estate constitutional violations for illegal seizure and administration of excessive use of force during Decedent's episode.

Currently before this Court is Defendants' Motion to Dismiss (Docket No. 12) specified Causes of Action and claims against certain Defendants in the Amended Complaint (Docket No. 11). Defendants seek dismissal of the First, Second, Third, and Seventh Causes of Action (Docket No. 12). They also seek dismissal of claims against the EPD because under New York law the Department is not a suable entity (Docket No. 12, Defs. Memo. at 6); the Department also is named as a Defendant in the Fourth, Eighth, and Eleventh Causes of Action, so its dismissal also would be for these causes of action.

For the reasons stated below, Defendants' Motion (Docket No. 12) is granted in part (dismissing EPD as a Defendant, dismissing claims against the City of Elmira under the First, Third, and Seventh Causes of Action, part of the Second Cause of Action, and dismissing all Defendants under the Third and Seventh Causes of Action in their entirety) and denied in part (dismissing so much of the Second Cause of Action because Plaintiff's Notice of Claim advised Defendants of his claim for negligent training of its officers).

II. Background

A. Decedent's Mental Hygiene Incident

On August 22, 2019, Decedent suffered a mental health episode, climbing onto the roof of his house on Horner Street in Elmira and Decedent was seen hanging out an upstairs window when Defendant EPD officers arrived (Docket No. 11, Am. Compl. ¶¶ 30-31, 32, 33). Neighbors heard Decedent scream that it was the end of the world as they asked him to reenter his house (id. ¶ 31). EPD officers arrived at Decedent's place to take him into custody under the Mental Hygiene Law (id. ¶ 32).

Decedent came in from the roof and left his house with the officers (id. ¶ 36). Plaintiff claims the officers should have followed City and department protocols for effectuating a Mental Hygiene Law arrest but did not do so (id. ¶ 37). Instead, the officers allowed Decedent to walk down the street (id. ¶ 38). One officer then approached Decedent from behind, surprising him and Decedent threw a punch. The unnamed officer tackled and subdued Decedent (id. ¶ 40). Defendant officers joined to control Decedent and a female officer (also not identified in the pleading) tasered Decedent (id. ¶ 41).

Defendant officers transported Decedent to St. Joseph's Hospital, the designated hospital for mental hygiene patients (id. ¶¶ 43, 44). Defendant officers Hadlock, Oropallo, and Linehan accompanied Decedent to St. Joseph's Hospital (id. ¶ 45).

At intake, Decedent was

“noted to be delusional, presenting with a psychiatric problem, with no previous psychiatric history noted. Findings from the psychiatric exam revealed that GARY STROBRIDGE was oriented to person, place and time; his affect was agitated and anxious and his concentration, judgment and insight were poor”

(Id. ¶ 46).

Upon information and belief, Hadlock, Oropallo, and Linehan escorted Decedent, removed his restraints, and left him unattended in an examination room, violating City and departmental policies (id. ¶¶ 47, 48). Decedent then left that room (id. ¶¶ 48, 49). Officers Linehan, Samuelson, Hadlock, and Oropallo proceeded to regain control of Decedent in the corridor outside the examination room (id. ¶ 49), handcuffing Decedent (id. ¶ 50). Upon information and belief, Hadlock, Oropallo, Samuelson, and Linehan placed themselves on Decedent's back with his face on the floor (id. ¶ 51), gaining control of him (id. ¶ 52). While subduing and handcuffing Decedent, Oropallo violently pressed his foot on Decedent's neck and head and then forcibly grabbed his hair and violently slammed his head on the floor twice (id. ¶¶ 52-55). After the second blow, Decedent became limp and unresponsive (id. ¶ 56). Hadlock, Linehan, and Samuelson did not intervene (id. ¶ 57). Plaintiff alleges that Defendant officers Borden and Samuelson, Lieutenant Solt, and Captain Perrigo were present and participated in the events at St. Joseph's Hospital (id. ¶ 58).

Decedent was found unresponsive and was placed on a stretcher. He was taken to the emergency department room where CPR was started. (Id. ¶ 60.) Hospital personnel noted Decedent had a significant amount of blood on his face and his nose was bleeding (id.). The emergency department personnel diagnosed Decedent with cardiac arrest (id. ¶ 61). An ambulance was dispatched to St. Joseph's Hospital and transported Decedent to Arnot Ogden Medical Center and its intensive care unit (id. ¶¶ 62-63). A CT scan of Decedent revealed he suffered multiple facial fractures, a right subdural hematoma, C6 and L4 compression fractures, and an 8 mm. pericardial effusion, allegedly from the action (or inaction) of the Defendant officers (id. ¶ 64). Medical staff at Arnot Ogden Medical Center noted Decedent also had bruising of the left and right shoulders, left scapular area, center of forehead, and a bloody noise (id. ¶ 65).

Arnot Ogden Medical Center then transferred Decedent to the Upstate Medical University Surgical Intensive Care Unit in Syracuse for a higher level of care (id. ¶ 66). Decedent never recovered consciousness following cardiac arrest and was pronounced brain dead six days later, on August 28, 2019 (id. ¶ 67).

Defendant Oropallo later was indicted for assault in the second degree, N.Y. Penal L. § 120.05(2); the indictment alleged that Oropallo inflicted injuries upon Decedent “by means of striking Mr. Strobridge's face against the hospital floor, a dangerous instrument” (id. ¶ 68).

B. Prior Proceedings

After Plaintiff received Limited Letters of Administration for the estate of Decedent, on or about November 18, 2019, Plaintiff served a Notice of Claim upon the Defendants (Docket No. 11, Am. Compl. ¶¶ 6-9; see Docket No. 12, Defs. Atty. Decl. Ex. A). On August 22, 2020, Plaintiff sued Defendants (Docket No. 1). The parties then stipulated to dismiss claims against Kyle Thorpe (Docket No. 8) and to amendment of the Complaint (Docket No. 9).

C. Amended Complaint (Docket No. 11)

On February 8, 2021, Plaintiff filed his Amended Complaint (Docket No. 11). There, the First Cause of Action alleges supervisory liability against the City and EPD in violation of 42 U.S.C. § 1983 (id. ¶¶ 70-74). The Second Cause of Action alleges common law negligent training by the City and EPD (id. ¶¶ 77-78). The Third Cause of Action claims common law negligence by all Defendants in allowing Decedent to leave his house during his episode and the manner of his apprehension (id. ¶¶ 81-84). The Fourth Cause of Action alleges state common law battery (against all Defendants, including EPD) when the officers responded to Decedent's residence and grabbed, tasered, and jumped on him (id. ¶¶ 87-89). The Fifth Cause of Action claims Defendant officers violated 42 U.S.C. § 1983 for excessive use of force against Decedent while detaining him at his house (id. ¶¶ 92-94). The Sixth Cause of Action alleges a § 1983 claim that these officers also failed to intervene to prevent the excessive use of force (presumably at Decedent's residence), violating Decedent's rights (id. ¶¶ 97-99).

The Seventh Cause of Action alleges that all Defendants (including EPD) committed common law negligence by failing to restrain Decedent properly during his transport to St. Joseph's Hospital (id. ¶¶ 102-05). The Eighth Cause of Action alleges another count of common law battery against all Defendants (again including EPD) for Decedent wile unattended in St. Joseph's Hospital and assaulted by some officers (id. ¶¶ 108-13). Oropallo allegedly pressed his foot on Decedent's neck and head face down upon the floor of the hospital room, handcuffed him, and restrained him (id. ¶ 110). Oropallo then grabbed Decedent's hair from the back of his head and slammed his head twice into the floor (id. ¶ 111). Plaintiff concludes that Decedent suffered pain, serious injury, and ultimately his death, from this assault (id. ¶ 113).

The Ninth Cause of Action alleges Defendant officers violated Decedent's Fourth and Fourteenth Amendment rights to be free from excessive use of force from Defendants' battery and Oropallo's subsequent battery while Decedent was in the hospital (id. ¶¶ 116-21, 118, 119-20). The Tenth Cause of Action claims Defendants (principally Hadlock, Linehan, and Samuelson) violated Decedent's Fourteenth Amendment rights by failing to intervene when other officers tackled, handcuffed, and assaulted Decedent in the hospital (id. ¶¶ 57, 124-28, 126).

Finally the Eleventh...