Singh v. Suffolk County

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

DAVID C. SINGH, et al.,

Plaintiffs,

21-CV-813-LJV

v. DECISION & ORDER

SUFFOLK COUNTY, et al.,

Defendants.

On July 15, 2021, the plaintiffs, David C. Singh and Shaunna Russell,

commenced this action under 42 U.S.C. § 1983. Docket Item 1. They say that the

defendants—Suffolk County, Robert Genna, and Robert Petro (the “Suffolk County

defendants”), as well as two unidentified members of the “Buffalo Warrant Squad”—

violated their constitutional rights by falsely arresting and charging Singh for his alleged

role in a robbery that occurred on Long Island. See id.

On November 29, 2021, the Suffolk County defendants moved to dismiss the

complaint under Federal Rule of Civil Procedure 12(b)(6) for failing to state a viable

claim.1 Docket Item 12. On January 14, 2022, Singh and Russell responded to the

motion to dismiss, Docket Item 15, and on February 24, 2022, the Suffolk County

defendants replied, Docket Item 20.

1 The Suffolk County defendants also moved for judgment on the pleadings

under Federal Rule of Civil Procedure 12(c), see Docket Item 12, but they have not yet

answered the complaint. Regardless, “the standard for addressing a Rule 12(c) motion

for judgment on the pleadings is the same as that for a Rule 12(b)(6) motion.” Ezra v.

Bristol-Myers Squibb Co., 784 F. App’x 48, 49 (2d Cir. 2019) (summary order)

(alterations omitted); see also id. (“[C]ourts typically will construe a premature Rule

12(c) motion[] as if it were brought under Rule 12(b) . . . .”).

For the reasons that follow, the Suffolk County defendants’ motion is granted in

part and denied in part. Singh’s false arrest/false imprisonment claim against Petro may

proceed, but his other claims will be dismissed unless he amends the complaint within

30 days of the date of this order to correct the deficiencies noted below. Russell’s

claims are dismissed without leave to amend.

FACTUAL BACKGROUND2

Singh and Russell “are an engaged couple who share children and live” in

Gowanda, New York. Docket Item 1 at ¶ 17. On September 12, 2017, Singh cut a

customer’s hair at his newly opened barbershop in Gowanda, id. at ¶¶ 18-19, and that

evening, Singh and his customer posted photos of the haircut on social media, id. at ¶

19. Singh then finished up at the barbershop and returned to Russell’s parents’ house

for the night. Id. at ¶ 20.

Later that night, some 400 miles away in Islip, New York, two masked individuals

committed an armed robbery. Id. at ¶¶ 13, 17. Local law enforcement could not

“identify the suspects responsible for the robbery”—a “source of public embarrassment

for the Suffolk County Police Department,” Singh says. Id. at ¶ 14.

Eventually, law enforcement tested a bloody glove left at the scene for DNA. Id.

at ¶ 23. In May 2018, Genna, an employee of the Suffolk County Crime Laboratory,

received a letter identifying a purported positive match between the DNA sample taken

2 Unless otherwise noted, the following facts are taken from the complaint,

Docket Item 1. On a motion to dismiss under Rule 12(b)(6), the Court “accept[s] all

factual allegations as true and draw[s] all reasonable inferences in favor of the plaintiff.”

Trs. of Upstate N.Y. Eng’rs Pension Fund v. Ivy Asset Mgmt., 843 F.3d 561, 566 (2d

Cir. 2016).

from the glove and a sample “taken from [] Singh” more than a decade earlier “during

his incarceration for an unrelated crime.” Id. at ¶¶ 11, 24-26. That letter cautioned “that

‘if legal action is anticipated based on this information, it is strongly recommended that a

new DNA specimen be collected from [Singh].’” Id. at ¶ 25 (alterations omitted). The

letter further recommended that this “new DNA specimen should then be submitted to

[the Suffolk County Crime Laboratory] for appropriate confirmatory analysis.”3 Docket

Item 12-1 at 5.

Law enforcement did not obtain another DNA sample from Singh, Docket Item 1

at ¶ 27, but nevertheless pursued Singh as a suspect. On April 24, 2019, Singh and

Russell were “woken up by a loud knock at their front door.” Id. at ¶ 28. Approximately

eight to ten officers from various law enforcement agencies were outside the couple’s

home, including two officers who identified themselves as part of the “Buffalo Warrant

Squad.” Id. at ¶¶ 29-30. The officers told Singh that “he needed to come with them and

talk to Suffolk County law enforcement[ and ]prosecutors.” Id. at ¶ 31. When Singh and

Russell asked why, the officers “were vague and told [them] ‘you know what this is

about.’” Id. at ¶ 33.

Singh says that the officers, who did not have an arrest warrant, showed up at

his door in large numbers to “coerce his ‘consent’” and intimidate him into “voluntarily

turn[ing] himself in.” Id. at ¶¶ 46-47. And Singh and Russell say that this was all part of

an overarching plan by the Suffolk County Police Department to arrest a suspect and

3 Because the letter identifying the purported DNA match is “incorporated by

reference in the complaint,” the Court considers it in deciding the motion. See U.S. ex

rel. Foreman v. AECOM, 19 F.4th 85, 106 (2d Cir. 2021).

therefore save face in light of “increasing pressure [due to its] fail[ure] to identify and

arrest the armed robbers.” Id. at ¶ 48.

Singh “reasonably did not believe that he had” any choice other than to comply,

so he acceded to law enforcement’s request. Id. at ¶ 45. He was placed in an

unmarked police vehicle and taken to the New York State Trooper Barracks in Elmira,

New York. Id. at ¶¶ 34, 39. From there, he was turned over to Suffolk County police

officers, including Petro, “who drove [] Singh the rest of the way to the Suffolk County

Correctional Facility.” Id. at ¶ 39.

Singh spent the night there and was arraigned the next day. Id. at ¶¶ 50-51. He

then was released after Russell paid the $100,000 bail, but he “was left with finding his

own transportation back to Gowanda.” Id. at ¶¶ 52-53.

For more than a year, Singh fought the charges against him. Id. at ¶¶ 54-69. All

the while, Singh’s legal fees for his “high-priced” local attorney climbed and Singh’s

barbershop business suffered. Id. at ¶¶ 54, 70-77. His attorney repeatedly gave county

prosecutors evidence of Singh’s innocence, including the photo of the September 12

haircut posted on social media and cell phone records showing that Singh was far from

Islip on the night of the robbery. Id. at ¶¶ 54-68. But it was not until October 15, 2020,

that the charges against Singh were dismissed. Id. at ¶ 69.

LEGAL PRINCIPLES

“To survive a motion to dismiss, a complaint must contain sufficient factual

matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft

v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544,

570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that

allows the court to draw the reasonable inference that the defendant is liable for the

misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “The plausibility standard is

not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a

defendant has acted unlawfully.” Id. (quoting Twombly, 550 U.S. at 556). “[A]lthough ‘a

court must accept as true all of the allegations contained in a complaint,’ that tenet ‘is

inapplicable to legal conclusions,’ and ‘threadbare recitals of the elements of a cause of

action, supported by mere conclusory statements, do not suffice.’” Harris v. Mills, 572

F.3d 66, 72 (2d Cir. 2009) (internal quotation marks omitted) (quoting Iqbal, 556 U.S. at

678).

DISCUSSION

Singh and Russell bring claims under 42 U.S.C. § 1983 for false arrest, false

imprisonment, malicious prosecution, conspiracy, and municipal liability.4 Docket Item 1

at ¶¶ 82-122. “To state a valid claim under 42 U.S.C. § 1983, the plaintiff must allege

that the challenged conduct (1) was attributable to a person acting under color of state

law, and (2) deprived the plaintiff of a right, privilege, or immunity secured by the

Constitution or laws of the United States.” Whalen v. County of Fulton, 126 F.3d 400,

405 (2d Cir. 1997) (citing Eagleston v. Guido, 41 F.3d 865, 875-76 (2d Cir. 1994)).

4 Singh and Russell do not distinguish any defendants throughout the complaint,

and they therefore seem to assert claims against Suffolk County for false arrest, false

imprisonment, malicious prosecution, and conspiracy in addition to their claim under

Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978). To

the extent that Singh and Russell allege that Suffolk County is vicariously liable for the

constitutional violations of its employees, those claims are dismissed. See Monell, 436

U.S. at 691 (“[A] municipality cannot be held liable under [section] 1983 on a respondeat

superior theory.”).

“Section 1983 itself creates no substantive rights; it provides only a procedure for

redress for the deprivation of rights established elsewhere.” Sykes v. James, 13 F.3d

515, 519 (2d Cir. 1993) (citing City of Oklahoma City v. Tuttle, 471 U.S. 808, 816

(1985)).

I. SINGH’S CLAIMS

A. False Arrest/False Imprisonment

“A [section] 1983 claim for false arrest, resting on the Fourth Amendment right of

an individual to be free from unreasonable seizures, including arrest without probable

cause, is substantially the same as a claim for false arrest under New York law.”5

Weyant v. Okst, 101 F.3d 845, 852 (2d Cir. 1996) (citation omitted). “Under New York

law, to prevail on a claim for false arrest, a plaintiff must show that (1) the defendant

intended to confine the plaintiff, (2) the plaintiff was conscious of the confinement, (3)

the plaintiff did not consent to the confinement, and (4) the confinement was not

otherwise privileged.” Ashley v. City of New York, 992 F.3d 128, 136 (2d Cir. 2021)

(alterations, citation, and internal quotation marks omitted).

An arrest is privileged if it was made with probable cause. See id. (“Probable

cause to arrest is a complete defense to an action for false arrest.”). “Probable cause

exists when one has knowledge of, or reasonably trustworthy information as to, facts

and circumstances that are sufficient to warrant a person of reasonable caution in the

5 Because “[f]alse arrest is simply false imprisonment accomplished by means of

an unlawful arrest,” this Court addresses Singh’s false arrest and false imprisonment

claims together. See Jenkins v. City of New York, 478 F.3d 76, 88 n.10 (2d Cir. 2007)

(“False arrest and false imprisonment are largely synonymous because an

imprisonment starts at the moment of arrest.”).

belief that an offense has been or is being committed by the person to be arrested.”

Betts v. Shearman, 751 F.3d 78, 82 (2d Cir. 2014).

1. Probable Cause

The Suffolk County defendants argue that Singh’s confinement was privileged

because the DNA test and Singh’s prior criminal record established probable cause for

his arrest.6 See Docket Item 12-2 at 13-16. Drawing every inference in Singh’s favor,

as it must at this stage of the case, this Court disagrees.

Singh concedes that Suffolk County law enforcement received a report that

purportedly identified a match between DNA recovered from the Islip crime scene and a

sample “taken from [] Singh” more than a decade earlier. See Docket Item 1 at ¶¶ 22-

26. But Singh also correctly observes that the letter notifying Suffolk County law

enforcement of that positive match “strongly recommended that a new DNA specimen

be collected from [Singh]” if criminal proceedings were “anticipated based on [the

match].” Id. at ¶ 24; Docket Item 12-1 at 5. Indeed, the letter suggested that Suffolk

6 For the reasons stated below, the Suffolk County defendants have not

established probable cause or arguable probable cause based on the purported DNA

match. And Singh’s “prior record of felonies,” see Docket Item 12-2 at 15, does not

change that result. Other than by vaguely referring to Singh’s criminal record, the

Suffolk County defendants do not say how that prior record has any bearing on the

armed robbery in Islip or why a “person of reasonable caution” would have believed that

Singh committed the robbery based on Singh’s prior convictions. See Betts, 751 F.3d

at 82. Without more information, the Court cannot speculate about what connection, if

any, Singh’s prior record had to the probable cause determination. Cf. Pacicca v.

Stead, 456 F. App’x 9, 11-12 (2d Cir. 2011) (summary order) (finding that “a reasonable

officer could believe that when a person repeatedly drives his car over a curb onto city

property, there is probable cause to arrest and prosecute [that person] for violating an

order of protection issued because the person had previously engaged in similar

conduct”).

County take additional steps to test the second DNA sample for “appropriate

confirmatory analysis.” Docket Item 12-1 at 5.

But Suffolk County law enforcement did not follow that recommendation or

undertake any “confirmatory analysis” before Singh was taken into custody; in fact,

Singh never provided a second sample. See Docket Item 1 at ¶ 27. And Singh was

arrested and arraigned even though the letter identifying the match “strongly

recommended” that law enforcement take additional steps if “legal action [was]

anticipated based on this information.” Docket Item 12-1 at 5.

The Second Circuit has noted that “the failure to make a further inquiry when a

reasonable person would have done so may be evidence of lack of probable cause.”

Lowth v. Town of Cheektowaga, 82 F.3d 563, 571 (2d Cir. 1996) (quoting Colon v. City

of New York, 60 N.Y.2d 78, 82, 455 N.E.2d 1248, 1250 (1983)); see also Mitchell v. City

of New York, 841 F.3d 72, 77-79 (2d Cir. 2016) (same). Here, Suffolk County law

enforcement’s failure to confirm the purported DNA match—that is, law enforcement’s

failure to do what the letter “strongly recommended” that they do, see Docket Item 12-1

at 5—is evidence of a lack of probable cause here. See Lowth, 82 F.3d at 571; see

also Watkins v. Martin, 2015 WL 2127216, at *1 (N.D. Ill. Apr. 29, 2015) (denying

motion to dismiss false arrest claim where the plaintiff alleged that the defendant

“arrested him solely on the basis of [a] DNA report,” which showed a DNA match but

also “noted[] ‘do not arrest solely on the basis of this DNA information’” (alterations

omitted)). After all, there must have been some reason for the admonition to test Singh

again if legal proceedings were anticipated based on the purported DNA match—

perhaps because of the accuracy of the test, the age of the sample taken from Singh, or

some other possible deficiency. But Suffolk County law enforcement did not heed that

warning before Singh’s arrest. And for that reason, the Suffolk County defendants have

not shown that Singh’s confinement was privileged because there was probable cause

to arrest him. See Mitchell, 841 F.3d at 77 (“Where an arrest is not made pursuant to a

judicial warrant, the defendant in a false arrest case bears the burden of proving

probable cause as an affirmative defense.” (citation and internal quotation marks

omitted)).

For similar reasons, this Court concludes that the Suffolk County defendants

have not established that Petro had arguable probable cause to detain Singh or that

Petro’s actions were objectively reasonable.7 “Even where actual probable cause does

not exist, an officer may be entitled to qualified immunity on a [section] 1983 false arrest

claim if his actions were objectively reasonable or if arguable probable cause existed at

the time of the arrest.” Triolo v. Nassau County, 24 F.4th 98, 107 (2d Cir. 2022)

(internal quotation marks omitted). “A police officer has arguable probable cause if

either (a) it was objectively reasonable for the officer to believe that probable cause

existed, or (b) officers of reasonable competence could disagree on whether the

probable cause test was met.”8 Figueroa v. Mazza, 825 F.3d 89, 100 (2d Cir. 2016)

(citation and internal quotation marks omitted).

7 For the reasons stated below, Singh has sufficiently alleged the remaining

elements of a false arrest/false imprisonment claim against Petro. Singh has not

alleged a viable false arrest/false imprisonment claim against Genna, however, so this

Court does not address whether Genna is entitled to qualified immunity.

8 In his response brief, Singh—in a perhaps unintentional concession—argues

that Suffolk County law enforcement had “at best . . . reasonable suspicion” to believe

“that [] Singh may be a person of interest who should be questioned in connection with

the alleged [robbery].” Docket Item 15-2 at 10. The Suffolk County defendants seize on

that to argue that Singh has conceded that his arrest was reasonable and that the

The Second Circuit “has admonished defendants moving to dismiss a suit by

reason of qualified immunity that they would in almost all cases be well advised to move

for summary judgment, rather than for dismissal under Rule 12(b)(6) or 12(c).”

Pourkavoos v. Town of Avon, 823 F. App’x 53, 59 (2d Cir. 2020) (summary order)

(alterations, citation, and internal quotation marks omitted); see also Barnett v. Mount

Vernon Police Dep’t, 523 F. App’x 811, 813 (2d Cir. 2013) (summary order) (“[A] motion

to dismiss is a mismatch for immunity and almost always a bad ground of dismissal.”

(citation and internal quotation marks omitted)). So “asserting qualified immunity as a

defense in the earliest stages of litigation, before development of a relevant factual

record, usually fails to result in dismissal of the complaint.” Pourkavoos, 823 F. App’x at

59. And that certainly is true here.

Singh alleges that Petro arrested him on the basis of a DNA report that “strongly

recommended” that law enforcement obtain a “new DNA specimen” if “legal action is

anticipated based on” the purported DNA match. Docket Item 12-1 at 5. In fact, the

letter recommended that the “new DNA specimen should [] be submitted to [the Suffolk

County Crime Laboratory] for appropriate confirmatory analysis.” Id. But law

enforcement never procured that second sample before arresting Singh. Docket Item 1

at ¶ 27. And this Court has no reason to believe that it was objectively reasonable to

ignore the letter’s warning before the arrest.

individual defendants are entitled to qualified immunity. See Docket Item 20 at 7 n.2.

Although Singh’s argument may be poorly phrased, this Court does not read the

plaintiffs’ brief as conceding the issue. See Docket Item 15-2 at 11-12 (arguing that

there was not even arguable probable cause for the arrest).

For the reasons stated above, the Court concludes that Singh has adequately

alleged that his confinement was not privileged—more specifically, that Suffolk County

law enforcement officers “fail[ed] to make a further inquiry when a reasonable person

would have done so.” See Lowth, 82 F.3d at 571. For similar reasons, and “before

development of a relevant factual record,” see Pourkavoos, 823 F. App’x at 59, this

Court cannot conclude at this point that Petro’s probable cause determination was

objectively reasonable or that officers of reasonable competence could disagree about

whether probable cause existed, see Figueroa, 825 F.3d at 100. So Petro is not entitled

to qualified immunity on Singh’s false arrest/false imprisonment claim, at least at this

stage of the proceedings.

2. Confinement

Singh also has adequately alleged the remaining elements of a false arrest/false

imprisonment claim against Petro. Although the allegations in Singh’s complaint are

thin, he alleges that Petro, a detective in the Suffolk County Police Department involved

in the investigation, took Singh from the New York State Trooper Barracks in Elmira and

drove him to the Suffolk County Correctional Facility to be arraigned. See Docket Item

1 at ¶¶ 10, 39, 50-51. At this stage, that is enough to allege that Petro intentionally

confined Singh. See Ashley, 992 F.3d at 136. And the Suffolk County defendants do

not dispute that Singh has alleged that he did not consent to the confinement and was

conscious of that confinement. See generally Docket Items 12-2, 20; see also Ashley,

992 F.3d at 136.

Singh’s false arrest/false imprisonment claim against Genna is not viable,

however, because he has not alleged that Genna confined him. See Ashley, 992 F.3d

at 136. The sum total of Singh’s factual allegations about Genna’s conduct is that

Genna “was notified” of the purported DNA match in May 2018. Docket Item 1 at ¶ 24.

Singh does not allege that Genna took any further action in the investigation or that

Genna even was aware of Singh’s arrest and prosecution a year later.

Singh argues that Genna nevertheless is liable for false arrest and false

imprisonment because his actions “ultimately led to [] Singh’s arrest.” Docket Item 15-2

at 14. But other courts have declined to impose such sweeping liability for false arrest

or false imprisonment on any law enforcement officer who simply participated in an

investigation that led to an arrest. See, e.g., Grant v. City of New York, 2019 WL

1099945, at *7 (E.D.N.Y. Mar. 8, 2019) (dismissing false arrest claim because “although

[the officer] was involved in the pre-arrest phase of the investigation to at least some

extent, there is no evidence that she took any action which might foreseeably have

caused [the plaintiff] to suffer an unconstitutional arrest” (citation omitted)). And Singh

has not alleged anything to suggest how Genna, an employee of the Suffolk County

Crime Laboratory, could be liable for false arrest or false imprisonment by receiving the

DNA match report a year before Singh’s arrest.

For those reasons, Singh’s false arrest/false imprisonment claim against Petro

may proceed. And Singh may amend his complaint to allege how Genna could be liable

for Singh’s false arrest or imprisonment.

B. Malicious Prosecution

“To prevail on a malicious prosecution claim under New York law and federal

law, a plaintiff must show: (1) the commencement or continuation of a criminal

proceeding by the defendant against the plaintiff, (2) the termination of the proceeding

in favor of the accused, (3) the absence of probable cause for the criminal proceeding[,]

and (4) actual malice.”9 Kee v. City of New York, 12 F.4th 150, 161-62 (2d Cir. 2021)

(citation and internal quotation marks omitted). “For a malicious prosecution claim

under [s]ection 1983, a plaintiff also must demonstrate a ‘sufficient post-arraignment

liberty restraint.’” Id. (quoting Rohman v. N.Y.C. Transit Auth., 215 F.3d 208, 215 (2d

Cir. 2000)).

“In malicious prosecution cases against police officers,” plaintiffs have

established that officers commenced or continued criminal proceedings “by showing

that officers brought formal charges and had the person arraigned, or filled out

complaining and corroborating affidavits, or swore to and signed a felony complaint.”

Rodriguez v. City of New York, 590 F. Supp. 3d 518, 534 (E.D.N.Y. 2022) (quoting

Llerando-Phipps v. City of New York, 390 F. Supp. 2d 372, 382-83 (S.D.N.Y. 2005));

see also Cameron v. City of New York, 598 F.3d 50, 63 (2d Cir. 2010) (“Under New

York law, police officers can ‘initiate’ prosecution by filing charges or other accusatory

instruments.”). “In addition, a police officer may be held liable for malicious prosecution

when he creates false information likely to influence a jury’s decision and forwards that

information to prosecutors.” Maldonado v. City of New York, 2014 WL 787814, at *6

9 The Suffolk County defendants argue that Singh has not adequately

demonstrated favorable termination of the criminal proceedings because he has not

shown that the dismissal of the charges against him was indicative of innocence. See

Docket Item 12-2 at 18. After the Suffolk County defendants’ motion was fully briefed,

the Supreme Court held that a plaintiff “need only show that his prosecution ended

without a conviction” to “demonstrate a favorable termination of a criminal prosecution

for purposes of [a] Fourth Amendment claim under [section] 1983 for malicious

prosecution.” Thompson v. Clark, 142 S. Ct. 1332, 1335 (2022). Because the criminal

prosecution against Singh ended without a conviction, he has alleged favorable

termination for the purposes of a section 1983 malicious prosecution claim.

(S.D.N.Y. Feb. 26, 2014) (citation and internal quotation marks omitted). So to show

that a defendant initiated or continued criminal proceedings, a plaintiff must allege that

the defendant “d[id] more than report the crime or give testimony”; instead, the

defendant “must play an active role in the prosecution, such as giving advice and

encouragement or importuning the authorities to act.” Manganiello v. City of New York,

612 F.3d 149, 163 (2d Cir. 2010) (alterations, citation, and internal quotation marks

omitted).

Singh says that Genna and Petro are liable for malicious prosecution because

they “each took actions that instigated [his] arrest and prosecution.” Docket Item 15-2

at 15. But apart from citing general principles of causation for section 1983 claims, see

id. at 13-15, Singh does not say how Genna or Petro played any active role in Singh’s

prosecution—including, for example, by signing a charging document. See Rodriguez,

590 F. Supp. 3d at 534. Instead, Singh says simply that Genna received a copy of a

DNA match report purportedly linking Singh to the crime scene and that Petro was

involved in Singh’s arrest.10 See Docket Item 1 at ¶¶ 24-26, 39. Because he has not

alleged that Genna or Petro participated in initiating or continuing criminal proceedings

10 In response to the Suffolk County defendants’ motion, Singh and Russell

submitted various documents purportedly showing that Petro “led the investigation

regarding the September 12, 2017 armed robbery.” Docket Item 15-2 at 13; see also

Docket Item 15-1. They therefore claim that “it is plausible that [Petro] decided what,

and even if any, charges would be brought against [] Singh for the unsolved crime.”

Docket Item 15-2 at 13. And Singh and Russell claim that Genna is liable for malicious

prosecution because he “forwarded the [DNA] report to [] Petro, who was in charge of

the investigation of the September 12, 2017 armed robbery.” See id. at 5 (alleging that

conduct without citation to the complaint). But plaintiffs are “not entitled to amend [their]

complaint through statements made in motion papers,” Wright v. Ernst & Young LLP,

152 F.3d 169, 178 (2d Cir. 1998), so this Court does not consider those allegations in

deciding this motion.

against him, Singh has not stated a viable malicious prosecution claim against either of

them. See Bermudez v. City of New York, 790 F.3d 368, 377 (2d Cir. 2015) (“While

police officers do not generally ‘commence or continue’ criminal proceedings against

defendants, a claim for malicious prosecution can still be maintained against a police

officer if the officer is found to play an active role in the prosecution . . . .” (alterations,

citation, and internal quotation marks omitted)); Pierre v. Rocco, 2021 WL 950021, at *3

(E.D.N.Y. Mar. 12, 2021) (“It has long been settled that participation in the arrest,

without more, is insufficient to establish the requisite initiation [of criminal

proceedings].”); cf. Jorgensen v. County of Suffolk, 558 F. Supp. 3d 51, 64 (E.D.N.Y.

2021) (denying motion to dismiss malicious prosecution claim against crime lab

employees who allegedly “manipulated” the “crucial evidence used to indict [the]

plaintiff”).

For those reasons, Singh has not stated a viable malicious prosecution claim.

Nevertheless, he may amend his complaint to allege how Genna and Petro commenced

or continued the criminal proceedings against him and to otherwise allege the remaining

elements of a malicious prosecution claim.

C. Conspiracy

“In order to state a claim for conspiracy under [s]ection 1983, a plaintiff must

allege: (1) an agreement between two or more actors (at least one a state actor); (2) to

act in concert to cause an unconstitutional injury; and (3) an overt act done in

furtherance of that agreement, causing damages.” Ocasio v. City of Canandaigua, 513

F. Supp. 3d 310, 323 (W.D.N.Y. 2021) (citing Ciambriello v. County of Nassau, 292 F.3d

307, 324-25 (2d Cir. 2002)). Although “[a]llegations of direct evidence of conspiracy are

not necessary” to state a viable conspiracy claim, “complaints containing only

conclusory, vague, or general allegations that the defendants have engaged in a

conspiracy to deprive the plaintiff of his or her constitutional rights are properly

dismissed.” D.K. by L.K. v. Teams, 260 F. Supp. 3d 334, 363 (S.D.N.Y. 2017)

(alterations omitted). So “[f]or claims of [section] 1983 conspiracies to survive a motion

to dismiss, the plaintiff must provide some factual basis supporting a meeting of the

minds.” Id. (alterations omitted).

Singh says, “upon information and belief,” that officers from the Suffolk County

Police Department and the "Buffalo Warrant Squad” conspired to “bring an unnecessary

number of law enforcement agents” to Singh’s home to “coerce his ‘consent’ and arrest

him for a crime he did not commit.” Docket Item 1 at ¶ 47. And Singh says, “[u]pon

information and belief,” that Suffolk County Police Department officers developed this

plan because the department faced “increasing pressure [for its] fail[ure] to identify and

arrest the armed robbers.” Id. at ¶ 48.

The only non-conclusory factual allegation that Singh offers to corroborate this

alleged conspiracy, however, is that eight to ten law enforcement officers showed up at

his home to arrest him. Otherwise, Singh does not offer any support for his theory

about the purported public pressure on the Suffolk County Police Department, the

Suffolk County Police Department’s response to that pressure, its interactions with

unnamed officers from the “Buffalo Warrant Squad,” or any “meeting of the minds”

between law enforcement officers.11 So Singh has pleaded nothing more than the sort

11 Singh points to a few news articles in his response brief, see Docket Item 15-2

at 3 n.3, apparently to support the narrative that the Suffolk County Police Department

faced public pressure to identify and arrest a suspect for the robbery. Again, those

of “vague and unsubstantiated” allegations of conspiracy that are insufficient to state a

viable claim. Kim v. Saccento, 2022 WL 9583756, at *2 (2d Cir. Oct. 17, 2022)

(summary order); see also Twombly, 550 U.S. at 555 (“Factual allegations must be

enough to raise a right to relief above the speculative level.”).

For those reasons, Singh’s conspiracy claim is not viable. Nevertheless, he may

amend his complaint to plausibly allege the elements of a section 1983 conspiracy

claim.

D. Monell

A municipality cannot be held liable under section 1983 unless the challenged

action was undertaken pursuant to a municipal policy, custom, or practice. See Monell,

436 U.S. at 694. To state a claim under Monell, a plaintiff must plead three elements:

“(1) an official policy or custom that (2) causes the plaintiff to be subjected to (3) a

denial of a constitutional right.” Zahra v. Town of Southold, 48 F.3d 674, 685 (2d Cir.

1995) (quoting Batista v. Rodriguez, 702 F.2d 393, 397 (2d Cir. 1983)). To satisfy that

first element, a plaintiff may establish a policy or custom by alleging

(1) a formal policy officially endorsed by the municipality; (2) actions taken

by government officials responsible for establishing the municipal policies

that caused the particular deprivation in question; (3) a practice so

consistent and widespread that, although not expressly authorized,

constitutes a custom or usage of which a supervising [policymaker] must

have been aware; or (4) a failure by policymakers to provide adequate

training or supervision to subordinates to such an extent that it amounts to

deliberate indifference to the rights of those who come into contact with the

municipal employees.

articles cannot fill factual gaps in the complaint. See Wright, 152 F.3d at 178. In any

event, Singh does not say how this Court can make the logical leap from local press

coverage about an armed robbery to a law enforcement conspiracy to violate Singh’s

constitutional rights.

Brandon v. City of New York, 705 F. Supp. 2d 261, 276-77 (S.D.N.Y. 2010) (citations

omitted); see also Iacovangelo v. Corr. Med. Care, Inc., 624 F. App’x 10, 13 (2d Cir.

2015) (summary order) (“[A] plaintiff must allege the existence of a formal policy which

is officially endorsed by the municipality[;] or a practice so persistent and widespread

that it constitutes a custom or usage of which supervisory authorities must have been

aware[;] or that a municipal custom, policy, or usage can be inferred from evidence of

deliberate indifference of supervisory officials to such abuses.”); Roe v. City of

Waterbury, 542 F.3d 31, 37 (2d Cir. 2008) (“Where a plaintiff seeks to hold a

municipality liable for a single decision by a municipal policymaker, the plaintiff must

show that the official had final policymaking power [and] the challenged actions must be

within that official’s area of policymaking authority.” (alterations, citations, and internal

quotation marks omitted)).

Singh says that his claim against Suffolk County falls within the fourth category of

municipal policies or customs because Suffolk County “employees were deliberately

indifferent to [his] rights.”12 Docket Item 15-2 at 22; see also Docket Item 1 at 16

12 Singh also brought official-capacity claims against Genna and Petro, see

Docket Item 1 at 1, perhaps suggesting that he intended to bring a claim under the

second category of Monell liability, see Brandon, 705 F. Supp. 2d at 276; see also

Boyler v. City of Lackawanna, 287 F. Supp. 3d 308, 316 (W.D.N.Y. 2018) (“Claims

against municipal officials in their official capacities are really claims against the

municipality.” (alterations omitted)). In response to the defendants’ motion, Singh

agrees that those claims should be dismissed “[t]o the extent that this Court agrees that

the complaint plausibly alleges a claim for municipal liability” against Suffolk County.

See Docket Item 15-2 at 19 n.12. But Singh’s official-capacity claims are not viable

regardless of whether his complaint otherwise alleges a plausible claim against Suffolk

County. To state a viable Monell claim based on an action taken in a defendant’s

official capacity, a plaintiff must allege that the municipal official “had final policymaking

power” and that the challenged action was “within that official’s area of policymaking

authority.” Roe, 542 F.3d at 37; see also id. at 41 (“An official acts within his official

policymaking capacity when he acts in accordance with the responsibility delegated [to]

(bringing a claim against Suffolk County for its “failure to supervise and train”

(capitalization removed)). In other words, he says that because its employees were so

deficient here, Suffolk County is necessarily responsible for failing to train or supervise

them.

In limited circumstances, a municipality may be held liable for its failure to train,

supervise, or discipline its employees. See Wray v. City of New York, 490 F.3d 189,

195 (2d Cir. 2007); Batista v. Rodriguez, 702 F.2d 393, 397 (2d Cir. 1983). But “[w]here

plaintiffs seek to hold a municipality liable under a theory of failure to [train,] supervise[,]

or discipline, . . . they must also show that the municipal policymaker acted with

deliberate indifference.” Pipitone v. City of New York, 57 F. Supp. 3d 173, 191

(E.D.N.Y. 2014) (citing City of Canton v. Harris, 489 U.S. 378, 388-89 (1989)).

“[D]eliberate indifference is a stringent standard of fault, requiring proof that a

municipal actor disregarded a known or obvious consequence of his action.” Connick v.

Thompson, 563 U.S. 51, 61 (2011) (citation and internal quotation marks omitted). “To

establish ‘deliberate indifference,’ a plaintiff must show that [1] a policymaker knows to a

moral certainty that [municipal] employees will confront a particular situation; [2] the

situation either presents the employee with a difficult choice of the sort that training or

supervision will make less difficult or there is a history of employees mishandling the

situation; and [3] the wrong choice by the [municipal] employee will frequently cause the

him under state law for making policy in that area of the municipality’s business.”).

Singh has not included any allegations to suggest that Genna or Petro had final

policymaking authority and acted within the scope of that authority in violating Singh’s

rights.

deprivation of a citizen’s constitutional rights.” Wray, 490 F.3d at 195-96 (citation and

internal quotation marks omitted).

Alternatively, “deliberate indifference may be inferred where the need for more or

better supervision to protect against constitutional violations was obvious, but the

policymaker failed to make meaningful efforts to address the risk of harm to [the]

plaintiff[].” Cash v. County of Erie, 654 F.3d 324, 334 (2d Cir. 2011) (alterations,

citations, and internal quotation marks omitted). “While the Supreme Court has left

open the possibility that a single incident could give rise to liability for failure to train or

supervise, the Court has cautioned that only a ‘narrow range’ of circumstances would

support such single-incident liability, where the ‘unconstitutional consequences of failing

to train were patently obvious.’” Schnitter v. City of Rochester, 931 F. Supp. 2d 469,

475 (W.D.N.Y. 2013) (alterations omitted) (quoting Connick, 563 U.S. at 63), aff’d, 556

F. App’x 5 (2d Cir. 2014). Similarly, the Second Circuit has noted that a policy of

acquiescing in or ratifying illegal conduct “cannot be inferred from the failure of those in

charge to discipline a single police officer for a single incident of illegality; instead, there

must be more evidence of supervisory indifference, such as acquiescence in a prior

pattern of conduct.” Lucente v. County of Suffolk, 980 F.3d 284, 306 (2d Cir. 2020)

(citation and internal quotation marks omitted).

Beyond detailing the circumstances of his own arrest and prosecution, Singh

offers only vague and conclusory allegations about some broader Suffolk County policy

or custom. See, e.g., Docket Item 1 at ¶ 118 (“Prior to April 24, 2019, [the d]efendants

developed and maintained policies, customs, and practices exhibiting deliberate

indifference to the constitutional rights of others, which caused the violation of [] Singh’s

rights.”). “In such circumstances, where the complaint fails to allege any facts to

support the contention that the challenged actions were in any way related to a custom

or policy promulgated by” the municipal defendant, “the pleading is insufficient” to state

a viable claim. D’Alessandro v. City of New York, 713 F. App’x 1, 10 (2d Cir. 2017)

(summary order) (alterations, citation, and internal quotation marks omitted); see also,

e.g., id. at 10-11 (“To establish a ‘failure to train’ claim, a plaintiff must generally

demonstrate that there has been a ‘pattern of similar constitutional violations by

untrained employees.’” (quoting Connick, 563 U.S. at 62)); Vann v. City of New York, 72

F.3d 1040, 1049 (2d Cir. 1995) (“To prove [] deliberate indifference, the plaintiff must

show that the need for more or better supervision to protect against constitutional

violations was obvious,” such as through “proof of repeated complaints of civil rights

violations[] . . . followed by no meaningful attempt on the part of the municipality to

investigate or to forestall further incidents.”); Askew v. Lindsey, 2016 WL 4992641, at *5

(S.D.N.Y. Sept. 16, 2016) (collecting cases holding that a single failure to discipline

“cannot give rise to an inference of deliberate indifference without further evidence of a

municipal policy or practice”). So Singh has not plausibly alleged a Monell claim based

on a policy or custom of similar violations.

Nor do Singh’s claims fall within the “narrow range of circumstances” in which “a

pattern of similar violations might not be necessary to show deliberate indifference.”

See Connick, 563 U.S. at 63. For example, Singh’s claim that he was unlawfully

prosecuted because the charges against him were not resolved “in a timely fashion,”

Docket Item 15-2 at 22, is the sort of claim that is “squarely foreclosed by Connick,”

D’Alessandro, 713 F. App’x at 11. “The Connick Court explained that because

prosecutors are subject to a rigorous ‘regime of legal training and professional

responsibility,’ a municipality cannot be said to be on notice of a recurrent problem in a

district attorney’s office simply because a prosecutor erred in one case.” Id. (citing

Connick, 563 U.S. at 66-67). So Singh’s protestations about the prosecution of the

charges against him in his own particular case do not state a viable Monell claim.

Any Monell claim based on Singh’s arrest likewise is not viable. In Connick, the

Supreme Court outlined the possible “rare” circumstance in which a municipality might

be held liable for its failure to train based on a single incident of alleged misconduct.

See Connick, 563 U.S. at 64. There, the Supreme Court distinguished the “hypothetical

example of a city that arms its police force with firearms and deploys the armed officers

into the public to capture fleeing felons without training the officers in the constitutional

limitation on the use of deadly force.” Id. at 63 (citing Canton, 489 U.S. at 390 n.10). In

that scenario, “[g]iven the known frequency with which police attempt to arrest fleeing

felons and the ‘predictability that an officer lacking specific tools to handle that situation

will violate citizens’ rights,’” a municipality’s failure to train its officers “could reflect the

city’s deliberate indifference to the ‘highly predictable consequences’” of the untrained

officers’ actions. Id. at 63-64 (quoting Bd. of Cnty. Comm’rs of Bryan Cnty. v. Brown,

520 U.S. 397, 409 (1997)).

Here, by contrast, Singh’s claims arise in the particular circumstances of his

arrest and prosecution based on the purported DNA match. And there is no indication

that Suffolk County law enforcement regularly face the same “highly predictable

constitutional danger” of false arrest or baseless prosecution in similar circumstances.

Id. at 67 (internal quotation marks omitted). So this is not the sort of case where a law

enforcement officer’s “utter lack of an ability to cope with constitutional situations” make

it a “highly predictable consequence” that law enforcement would violate an individual’s

constitutional rights, and a single-incident Monell claim therefore is not viable. Id. at 64,

67.

For those reasons, Singh has not alleged that a viable Monell claim against

Suffolk County. Nevertheless, he may amend his complaint to allege how some Suffolk

County policy or custom violated his constitutional rights.13

II. RUSSELL’S CLAIMS

Finally, the Suffolk County defendants say that Russell’s claims must be

dismissed because she has not alleged that the Suffolk County defendants deprived her

of any constitutional right. See Docket Item 12-2 at 22. Russell did not respond to that

argument. See generally Docket Item 15-2. And the claims in the complaint—false

arrest and false imprisonment, malicious prosecution, conspiracy, and municipal

liability—all relate to conduct that allegedly violated Singh’s, not Russell’s, constitutional

rights. See Docket Item 1. Russell therefore has not stated a viable claim under

section 1983. See Glob. Network Commc’ns, Inc. v. City of New York, 2008 WL

215892, at *4 (S.D.N.Y. Jan. 22, 2008) (“[I]t is a ‘well-settled principle that a [s]ection

1983 claim must be based upon the violation of [a plaintiff’s] personal rights, and not the

rights of someone else.’” (quoting Archuleta v. McShan, 897 F.2d 495, 497 (10th Cir.

1990)). Because Russell has neither alleged how her constitutional rights were violated

13 Because Singh’s claim against Suffolk County is subject to dismissal, this

Court does not pass on the viability of Singh’s (now withdrawn) request for punitive

damages against Suffolk County. See Docket Item 15-2 at 3 n.1.

nor suggested how leave to amend might cure that deficiency, her claims are dismissed

without leave to amend.

CONCLUSION

For the reasons stated above, the Suffolk County defendants’ motion to dismiss,

Docket Item 12, is GRANTED in part and DENIED in part. Russell’s claims are

dismissed without leave to amend, and the Clerk of the Court shall terminate Russell as

a plaintiff in this case. Singh’s false arrest/false imprisonment claim against Petro may

proceed, and he may amend his remaining claims within 30 days of the date of this

order.

If Singh does not file an amended complaint within 30 days, then his claims

against Genna and Suffolk County, as well as his malicious prosecution and conspiracy

claims against Petro, will be dismissed without further order, and the Clerk of the Court

shall terminate Genna and Suffolk County as defendants in this case. The Suffolk

County defendants may answer, move against, or otherwise respond to any amended

complaint within 30 days of its filing. If Singh does not file an amended complaint,

Petro’s time to answer the complaint is extended until 60 days from the date of this

decision.

SO ORDERED.

Dated: February 17, 2023

Buffalo, New York

/s/ Lawrence J. Vilardo

LAWRENCE J. VILARDO

UNITED STATES DISTRICT JUDGE