Caldwell v. Officer German Geronimo

Background

Boisey Caldwell, proceeding without a lawyer, sued New York City Police Officer German Geronimo under 42 U.S.C. § 1983, alleging excessive force. The court had previously dismissed Caldwell’s claims against the City of New York because he had not alleged facts suggesting that a City policy, custom, or practice caused a violation of his rights. That type of municipal-liability claim is commonly called a Monell claim.

The court had told Caldwell that he could seek permission to amend his complaint under Federal Rule of Civil Procedure 15(a)(2), but that he would need to allege facts showing that a City agency’s policy or custom resulted in Geronimo’s alleged discrimination and use of excessive force. Caldwell then filed documents that the court treated as a motion for leave to amend and a proposed amended complaint adding a Monell claim against the City. Geronimo opposed amendment, arguing that it would be futile and prejudicial and that Caldwell had not shown good cause for seeking amendment after the scheduling deadline.

Proposed Monell Claim

The court noted that amendment is generally allowed when justice requires it, absent undue delay, bad faith, or undue prejudice. Although Caldwell waited approximately one year after dismissal of the City claims and several months after the case-management and scheduling order, the parties were still conducting discovery, and the court found no indication that Caldwell acted in bad faith. Considering Caldwell’s status as a self-represented litigant, the court therefore considered the substance of the proposed amendment rather than rejecting it solely because of delay.

Caldwell alleged that City records would show a long history of abuse of power, racial profiling, and indifference toward Black people. He also alleged that 38 police officers had been found guilty of using excessive force between 2011 and 2015 and referred to Geronimo as the 39th officer who used force unnecessarily. The court understood these allegations as asserting a City policy or custom of police officers using force in discriminatory ways against people like Caldwell.

The court held that these allegations did not plausibly state a Monell claim. It found that Caldwell continued to rely on vague, unsupported, and irrelevant assertions and had not adequately connected the alleged prior incidents, a City policy or custom, and Geronimo’s alleged use of force. The court also found a City settlement concerning allegedly improper criminal summonses irrelevant to Caldwell’s excessive-force claim, particularly because Caldwell had repeatedly disclaimed false-arrest claims.

Rulings

Judge Katherine Polk Failla denied Caldwell’s motion for leave to amend to add a Monell claim. To the extent Caldwell sought reconsideration of the court’s October 15, 2020 order denying his motion to compel production of the City’s use-of-force records, the court also denied that request.

The court granted Geronimo’s request to extend the deadline for completing all discovery through January 19, 2021, so that he could obtain Caldwell’s relevant medical records and take Caldwell’s deposition. The court also again informed Caldwell that pro bono legal assistance was available through the New York Legal Assistance Group, while noting that Caldwell had declined that assistance.