Opinion
No. 04 Civ. 9611 (CM).
December 6, 2005
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Plaintiff Eric George Miller brings this action against the City of Mount Vernon, and two Mount Vernon police officers, Nelson Castillo and Kenneth Rella (collectively, the "defendants"), for compensatory and punitive damages under 42 U.S.C. § 1983 for deprivation of due process in violation of the Fourth and Fifth Amendments of the United States Constitution, and for assault and battery, false imprisonment, and trespass under New York state law. Plaintiff alleges that the officers entered his apartment and bedroom forcibly and unlawfully, detained plaintiff inside his bedroom, threatened plaintiff with arrest, and inflicted upon plaintiff offensive bodily contact.
Defendants move for summary judgment, claiming that the officers were merely carrying out their duties and that they acted in an objectively reasonable manner under the circumstances.
Based on the evidence in the record, the court concludes that there exist numerous issues of disputed fact, including, but not limited to, the following:
• Whether lit candles had been placed along the carpeted stairway, creating a fire hazard, and leading the officers to perceive the existence of an emergency situation;
• Whether the officers pushed their way into plaintiff's apartment or whether plaintiff invited them in without objection;
• Whether plaintiff reached for an object on his night table as the officers entered his bedroom;
• Whether Officer Rella pushed plaintiff onto the bed and restrained plaintiff by putting his knee across plaintiff's throat;
• Whether the officers blocked plaintiff from exiting the bedroom.
Therefore, defendants' motion for summary judgment is denied. This case will be set for trial at the earliest opportunity.
This constitutes the decision and order of the Court.