Opinion
19 CV 2117 (VB) 19 CV 9444 (VB)
07-31-2023
ERIC CAMPBELL, individually and as the Administrator d.b.n. of the Estate of Erick Campbell; MICHAEL CAMPBELL, as the Administrator of the Estate of Robert Campbell; and AIDA CAMPBELL, Plaintiffs, v. CITY OF YONKERS; POLICE OFFICER TIMOTHY COOPER; POLICE OFFICER THOMAS BRAIG; POLICE OFFICER ADAM WALENCIK; DETECTIVE THOMAS MARELLO; SERGEANT MARK WISSNER; DETECTIVE BRIAN MENTON; DETECTIVE TERENCE MALONE; SERGEANT JOSEPH BAROSA; DETECTIVE MICHAEL MCGEE; AGENT BRENDAN KENNEY; AGENT ANDREW FISHER; AGENT DANIEL CONLON; and AGENT DANIEL MCKENNA, Defendants. ERIC CAMPBELL, individually and as the Administrator d.b.n. of the Estate of Erick Campbell; MICHAEL CAMPBELL, as the Administrator of the Estate of Robert Campbell; and AIDA CAMPBELL, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.
OPINION AND ORDER
Vincent L. Briccetti United States District Judge
These consolidated actions arise out of the attempted arrest and fatal shooting of Erick Campbell during a surveillance operation conducted by federal and local law enforcement officers. Plaintiffs, members of Campbell's family and the administrator of his estate,bring federal and related state law claims against the law enforcement officers involved in the operation, the City of Yonkers, and the United States of America, pursuant to 42 U.S.C. § 1983 and Monell v. Department of Social Services, 436 U.S. 658 (1978) (“Monell”), Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (“Bivens”), and the Federal Tort Claims Act (“FTCA”).
Now pending are four motions for summary judgment, filed by (i) Federal Bureau of Investigation (“FBI”) Special Agents Brendan Kenney, Andrew Fisher, and Daniel Conlon; Supervising Special Agent Daniel McKenna (the “FBI defendants”); and the United States (together with the FBI defendants, the “federal defendants”) (Doc. #169 and FTCA Doc. #89);(ii) Tarrytown Police Department (“TPD”) Detective Michael McGee and Sergeant Joseph Barosa (the “Tarrytown defendants”) (Doc. #174); (iii) Yonkers Police Department (“YPD”) Officers Timothy Cooper, Thomas Braig, and Adam Walencik; Sergeant Mark Wissner; Detectives Thomas Marello and Brian Menton; and the City of Yonkers (the “Yonkers defendants”) (Doc. #178); and (iv) Westchester County Police Department (“WCPD”) Detective Terence Malone (Doc. #186).
For the following reasons, the federal defendants' and the Yonkers defendants' motions are GRANTED IN PART and DENIED IN PART, and the Tarrytown defendants' and Malone's motions are GRANTED.
The Court has subject-matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367.
BACKGROUND
The Court presumes the parties' familiarity with the factual allegations and procedural history of these actions, including the Court's Opinion and Order dated September 15, 2020, which ruled on the federal defendants' and Malone's motions to dismiss. (Doc. #107 and FTCA Doc. #34 (the “MTD Decision”)). Accordingly, the Court summarizes below only the relevant background, as reflected in the parties' memoranda of law, statements of undisputed material facts pursuant to Local Civil Rule 56.1, and supporting declarations and exhibits.
I. The Task Force
When the events relevant to this action occurred, the FBI defendants and three of the local police defendants, Marello, Menton, and Malone, were members of the FBI Westchester County Safe Streets Gang and Violent Crime Task Force, Squad C-26 (the “task force”). Marello, Menton, and Malone were formally deputized and assigned to serve as Task Force Officers (“TFOs”), pursuant to Memorandums of Understanding between the FBI and their respective agencies. (Doc. #187-3).