Opinion

Browne v. Rivera

Court
District Court, S.D. New York
Filed
Mar 28, 2025
Cited by
0 cases
Authority
More cited than 34.6%

“Governments should be held responsible when, and only when, their official policies cause their employees to violate another person’s constitutional rights.”

How later courts described this case

  • “Governments should be held responsible when, and only when, their official policies cause their employees to violate another person’s constitutional rights.”
  • explaining that a statute “need not achieve meticulous specificity, which would come at the cost of flexibility and reasonable breadth”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

-------------------------------------------------------------X

KENDALL BROWNE,

Plaintiff, 23 Civ. 8280 (AEK)

-against- DECISION AND ORDER

P.O. S. RIVERA Shield # 1963, Officially and

Individually, and CITY OF MIDDLETOWN,

Defendants.

-------------------------------------------------------------X

THE HONORABLE ANDREW E. KRAUSE, U.S.M.J.1

Plaintiff Kendall Browne brings this action against Defendants City of Middletown and

Middletown Police Officer Salvador Rivera (“P.O. Rivera”), asserting various causes of action

arising out of an August 30, 2023 traffic stop. See generally ECF No. 9 (“Amended Complaint”

or “Am. Compl.”). Currently before the court is Defendants’ motion for summary judgment.

ECF No. 32. For the reasons set forth below, Defendants’ motion is GRANTED.

BACKGROUND

I. Factual Background

The facts set forth in this section are undisputed unless otherwise noted and are taken

from Defendants’ Local Civil Rule 56.1 Statement, ECF No. 34 (“Defs.’ 56.1 Statement”), and

1 On December 7, 2023, the Honorable Nelson S. Román endorsed and docketed a fully

executed Form AO 85, “Notice, Consent, and Reference of a Civil Action to a Magistrate

Judge,” in which the parties consented to the reassignment of this matter to a United States

Magistrate Judge in accordance with 28 U.S.C. § 636(c). ECF No. 22. This matter was then

reassigned to the undersigned.

the supporting materials submitted by Defendants. Plaintiff did not submit a response to

Defendants’ Local Civil Rule 56.1 Statement.2

On August 30, 2023, P.O. Rivera conducted a traffic stop of the vehicle that was being

driven by Plaintiff in Middletown, New York; P.O. Rivera initiated the stop because the driver of

the vehicle had failed to signal in violation of New York Vehicle and Traffic Law (“VTL”) §

1163B, and because the windows of the vehicle “were completely non-transparent” in violation

of VTL §§ 375.12-a(b)(1)-(3). Defs.’ 56.1 Statement ¶¶ 1-3; ECF No. 36 (Affidavit of Salvador

Rivera (“Rivera Aff.”)) ¶ 4; ECF No. 35 (Affidavit of Alex Smith (“Smith Aff.”)) Ex. D

(“Browne Dep.”) at 12:3-22. When P.O. Rivera first observed Plaintiff’s vehicle, he could not

tell whether the driver was male or female, nor could he observe the race of the driver. Defs.’

56.1 Statement ¶ 5; Rivera Aff. ¶ 5. P.O. Rivera did not see these characteristics of the driver

until Plaintiff stuck his head out of the vehicle’s window after P.O. Rivera had initiated the stop

and Plaintiff had pulled over to the side of the road. Id.

2 Local Civil Rule 56.1 of the Joint Local Rules of the United States District Courts for

the Southern and Eastern Districts of New York mandates that “[t]he papers opposing a motion

for summary judgment must include a correspondingly numbered paragraph admitting or

denying, and otherwise responding to, each numbered paragraph in the statement of the moving

party, and if necessary, additional paragraphs containing a separate, short and concise statement

of additional material facts as to which it is contended that there exists a genuine issue to be

tried.” This requirement extends to a pro se plaintiff who has been provided with proper notice

of this obligation pursuant to Local Civil Rule 56.2, as Plaintiff was here. See ECF No. 33; Cain

v. Esthetique, 182 F. Supp. 3d 54, 63 (S.D.N.Y. 2016). Under the Local Rule, “[i]f the opposing

party . . . fails to controvert a fact so set forth in the moving party’s Rule 56.1 statement, that fact

will be deemed admitted.” Giannullo v. City of N.Y., 322 F.3d 139, 140 (2d Cir. 2003).

Although Plaintiff failed to respond to Defendants’ Local Civil Rule 56.1 Statement, and

therefore did not comply with the Local Rules, the Court has exercised its “broad discretion to

determine whether to overlook a party’s failure to comply with local court rules,” and has opted

to “conduct an assiduous review of the record” for purposes of deciding the instant motion. See

Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 73 (2d Cir. 2001) (quotation marks omitted).

At the time of the traffic stop, Plaintiff was driving a blue 2022 Honda Accord, which

was owned by Yolanda Williams. Defs.’ 56.1 Statement ¶ 8; Browne Dep. at 7:3-20, 9:15-22.

P.O. Rivera observed that the vehicle’s “windows” all were impermissibly tinted. Defs.’ 56.1

Statement ¶ 2; Rivera Aff. ¶ 4. P.O Rivera did not conduct a tint meter test “because the

windows were completely and obviously non-transparent.” Defs.’ 56.1 Statement ¶ 4; Rivera

Aff. ¶ 4. The VTL requires that a motor vehicle’s front windshield, side windows, and rear

windows allow for light transmittance of at least 70 percent. See VTL §§ 375.12-a(b)(1)-(3).

Based on P.O. Rivera’s observations, the windows of the vehicle that Plaintiff was operating

“obviously blocked more than 30% light transmittance.” Rivera Aff. ¶ 4. New York law

provides for an exemption from this requirement for medical reasons, see VTL 375.12-a(c), but

neither Plaintiff nor Ms. Williams had been granted a medical exemption at the time of the

August 30, 2023 stop, see Browne Dep. at 23:23-24:4, 26:4-20, 27:8-11.3

P.O. Rivera issued Plaintiff four appearance tickets—one for the failure to signal

violation and three for the tinted window violations. Defs.’ 56.1 Statement ¶ 6; Rivera Aff. ¶ 2

& Ex. C; Smith Aff. Ex. E at ECF pgs. 3-6. On December 21, 2023, Plaintiff appeared in

Middletown City Court and pled guilty to a charge of “parking on pavement” in violation of

VTL § 1201a; this adjudication covered, among other things, all charges related to the four

3 On May 6, 2024, Plaintiff notified defense counsel that he had been granted a tinted

window exemption for the blue 2022 Honda Accord that he was driving at the time of the traffic

stop on August 30, 2023, and provided counsel with a copy of the exemption certificate he

received from the New York State Department of Motor Vehicles. ECF No. 41 (Reply Affidavit

of Alex Smith) ¶ 3 & Ex. N. Though Plaintiff now has an exemption, he had only applied for an

exemption at the time of the August 30, 2023 traffic stop and had not yet received one. Browne

Dep. at 23:7-24:4. The fact that Plaintiff subsequently acquired an exemption has no bearing on

the outcome of this motion.

tickets issued during the August 30, 2023 stop. Defs.’ 56.1 Statement ¶ 16; Smith Aff. Ex. E at

ECF pgs. 1-2.

P.O. Rivera estimated that in the one year prior to submitting his May 1, 2024 affidavit,

he stopped approximately 200 cars per month as part of his traffic enforcement assignment, and

further estimated that approximately 50 percent of the drivers of these vehicles were Caucasian.

Defs.’ 56.1 Statement ¶ 7; Rivera Aff. ¶ 7. Moreover, P.O. Rivera estimated that he issued

traffic tickets in approximately 80-90 percent of these stops. Id. According to P.O. Rivera, he

has issued between 200 and 250 tint violation summonses, and quite often, he was not aware of

the driver’s race or gender until after the stop due to the non-transparency of the windows. Id.

II. Procedural History

Plaintiff initiated this action on September 18, 2023, ECF No. 1, and filed the amended

complaint on October 27, 2023, see Am. Compl. Defendants filed their answer on November 6,

2023. ECF No. 11. The Court set a briefing schedule for Defendants’ motion for summary

judgment at a status conference on March 27, 2024, see ECF No. 30, and on May 3, 2024,

Defendants filed the instant motion for summary judgment and accompanying papers, ECF Nos.

32-39. Plaintiff filed his opposition to the motion for summary judgment on May 31, 2024, ECF

No. 40 (“Pl.’s Opp.”), and Defendants submitted their reply memorandum of law and supporting

papers on July 15, 2024, ECF Nos. 41-44. On July 22, 2024, Defendants submitted a

supplemental letter notifying the Court of a typographical error in one of the affidavits submitted

in support of the motion. See ECF No. 45.

LEGAL STANDARDS FOR SUMMARY JUDGMENT

I. Summary Judgment

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, summary judgment must be

granted “if the movant shows that there is no genuine dispute as to any material fact and the

movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp.

v. Catrett, 477 U.S. 317, 320-23 (1986). A dispute about a material fact is genuine “if the

evidence is such that a reasonable jury could return a verdict for the nonmoving party.”

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In determining whether a genuine

issue of material fact exists, a court is required to “resolv[e] all record ambiguities and draw[] all

factual inferences in favor of the non-moving party.” ITC Ltd. v. Punchgini, Inc., 482 F.3d 135,

145 (2d Cir. 2007); see also Anderson, 477 U.S. at 261 n.2; Mount Vernon Fire Ins. Co. v. Belize

NY, Inc., 277 F.3d 232, 236 (2d Cir. 2002). A party cannot overcome summary judgment by

relying on “mere speculation or conjecture as to the true nature of the facts” because “conclusory

allegations or denials” cannot “create” genuine disputes of material fact “where none would

otherwise exist.” Hicks v. Baines, 593 F.3d 159, 166 (2d Cir. 2010) (quotation marks omitted).

Nor can a party opposing summary judgment “rest on the allegations or denials of his pleading.”

Wright v. Goord, 554 F.3d 255, 266 (2d Cir. 2009). Moreover, “[c]redibility determinations, the

weighing of the evidence, and the drawing of legitimate inferences from the facts are jury

functions, not those of a judge[.]” Anderson, 477 U.S. at 255; accord Williams v. N.Y.C.

Housing Auth., 61 F.4th 55, 76 (2d Cir. 2023). “Only when no reasonable trier of fact could find

in favor of the nonmoving party should summary judgment be granted.” Cruden v. Bank of N.Y.,

957 F.2d 961, 975 (2d Cir. 1992) (citing H.L. Hayden Co. v. Siemens Med. Sys. Inc., 879 F.2d

1005, 1011 (2d Cir. 1989)).

II. Filings by Pro Se Litigants

In cases involving pro se litigants, on a motion for summary judgment, the court reads

the submissions of the pro se party “liberally and interpret[s] them to raise the strongest

arguments that they suggest.” Jorgensen v. Epic/Sony Records, 351 F.3d 46, 50 (2d Cir. 2003)

(quotation marks omitted). Nonetheless, application of this different standard “does not

otherwise relieve a litigant of the usual requirements of summary judgment, and a pro se party’s

bald assertions unsupported by evidence are insufficient to overcome a motion for summary

judgment.” Gunn v. Milani, No. 20-cv-2681 (KMK), 2024 WL 4124319, at *7 (S.D.N.Y. Sept.

9, 2024) (cleaned up).4

DISCUSSION

As a threshold matter, Defendants devote significant space in both their opening

memorandum of law and in their reply submission to the argument that Plaintiff’s claims are

barred by the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477 (1994). ECF No. 38

(“Defs.’ Mem.”) at 7-10; ECF No. 43 (“Defs.’ Reply”) at 2-5. Because the Court finds that

Plaintiff’s claims are subject to dismissal for the reasons set forth below, it is not necessary to

reach the question of whether the Heck doctrine bars some or all of Plaintiff’s claims. See

Teichmann v. New York, 769 F.3d 821, 829 (2d Cir. 2014) (Calabresi, J., concurring) (“[T]here

are many cases that have the potential to raise Heck questions [that] can be disposed of based on

well-settled principles upon which there is broad agreement, and when that is so, it is generally

desirable for . . . district courts to decide them on these non Heck grounds.”).

I. Plaintiff’s Vagueness Challenge to Section 375.12-a(a) of the VTL

Plaintiff contends that VTL § 375.12-a(a) “is unconstitutional for vagueness because it

does not clearly, precisely, exactly, and explicitly define what ‘other nontransparent material’

means,” and that as a result Plaintiff’s right to due process of law was violated because he lacked

4 In accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009), and Local Civil Rule

7.2 of the Joint Local Rules of the United States District Courts for the Southern and Eastern

Districts of New York, copies of this case and other cases that are unpublished or only available

by electronic database are being simultaneously mailed to the pro se Plaintiff along with this

Decision and Order.

an understanding of what conduct was prohibited by the statute. Am. Compl. ¶ 15. The Court

disagrees.

VTL § 375.12-a(a) provides that “[n]o person shall drive any motor vehicle with any sign

or other nontransparent material other than a certificate or paper required to be displayed by law

upon the front windshield or the sidewings or side windows on either side forward of or adjacent

to the operator’s seat.” Though this section of the statute contains the language that Plaintiff

challenges in the Amended Complaint as unconstitutionally vague, Plaintiff was not actually

cited for a violation of VTL § 375.12-a(a) on August 30, 2023; rather, the three citations relating

to the improper tint of the windows on the vehicle Plaintiff was driving were issued pursuant to

VTL §§ 375.12-a(b)(1), (2) and (3), none of which contain the phrase “other nontransparent

material.” See VTL § 375.12-a(b)(1)-(3); Smith Aff. Ex. E at ECF pgs. 4-6 (noting “violation

section” as VTL §§ 375.12-a(b)(1), (2), and (3)). VTL §§ 375.12-a(b)(1) and (2) prohibit any

person from operating upon a public road, highway or street a motor vehicle that has a front

windshield, sidewings, or side windows that are “composed of, covered by or treated with any

material which has a light transmittance of less than seventy percent.”5 VTL § 375.12-a(b)(3)

prohibits any person from operating upon a public road, highway or street a vehicle “classified as

a station wagon, sedan, hardtop, coupe, hatchback or convertible” with rear side windows that

have “light transmittance of less than seventy percent.”

The Fourteenth Amendment’s guarantee that no state shall “deprive any person of life,

liberty, or property, without due process of law,” U.S. Const. amend. XIV, § 1, entitles a person

5 VTL 375.12-a(b)(1) does permit the “uppermost six inches of the windshield” to be

covered or treated with material with a light transmittance of less than seventy percent. As

noted, P.O. Rivera observed that the “windows” of the vehicle that Plaintiff was driving on

August 30, 2023 were “completely non-transparent.” Rivera Aff. ¶ 4.

to “be informed as to what [a state law] commands or forbids.” Thibodeau v. Portuondo, 486

F.3d 61, 65 (2d Cir. 2007) (cleaned up). “As one of the most fundamental protections of the Due

Process Clause, the void-for-vagueness doctrine requires that laws be crafted with sufficient

clarity to give the person of ordinary intelligence a reasonable opportunity to know what is

prohibited and to provide explicit standards for those who apply them.” Id. “A statute can be

impermissibly vague for either of two independent reasons. First, if it fails to provide people of

ordinary intelligence a reasonable opportunity to understand what conduct it prohibits. Second,

if it authorizes or even encourages arbitrary and discriminatory enforcement.” Hill v. Colorado,

530 U.S. 703, 732 (2000). Plaintiff cannot demonstrate that the challenged VTL provision is

unlawfully vague under either of these tests.

As to the potential for arbitrary and discriminatory enforcement of VTL § 375.12-a(a)—

which contains the purportedly problematic phrase “other nontransparent material”—Plaintiff

cannot raise a valid claim regarding the enforcement of this particular statute in this case because

he was not cited for a violation of VTL § 375.12-a(a) on August 30, 2023. Plaintiff was ticketed

for having a front windshield, rear side windows, and sidewings that were nontransparent—i.e.,

that had a light transmittance of less than 70 percent. See VTL § 375.12-a(b)(1)-(3); Smith Aff.

Ex. E at ECF pgs. 4-6. None of Plaintiff’s citations that day specifically reference VTL §

375.12-a(a); accordingly, there is no basis for Plaintiff to assert that the particular statutory

language that he contests was the basis for any enforcement action against him.

And in any event, the phrase “other nontransparent material” in VTL § 375.12-a(a) is

sufficient to put drivers on notice of what conduct is prohibited by that statute. Looking at the

disputed phrase in its fuller statutory context makes the meaning even more plain—drivers may

not operate motor vehicles “with any sign or other nontransparent material” in specified

windows other than certificates or papers that are required to be displayed by law. See VTL §

375.12-a(a). There is nothing ambiguous, uncertain, or unclear about this language—a driver is

not permitted to have any document or material obstructing his or her windows except those that

are specifically required by law, unless some exemption (such as the exemption that Plaintiff has

since received, see footnote 3, supra) applies. The phrase “other nontransparent material”

simply does not “fail[] to provide people of ordinary intelligence a reasonable opportunity to

understand what conduct it prohibits.” Hill, 530 U.S. at 732. That the statute does not specify

each and every prohibited material that it covers does not render it unconstitutionally vague. See

United States v. Dawkins, 999 F.3d 767, 787 (2d Cir. 2021) (explaining that a statute “need not

achieve meticulous specificity, which would come at the cost of flexibility and reasonable

breadth”).6

For all of these reasons, Defendants’ motion for summary judgment regarding Plaintiff’s

vagueness challenge to VTL § 375.12-a(a) is GRANTED.

II. Plaintiff’s § 1983 Claims

Plaintiff’s other claims are made pursuant to 42 U.S.C. § 1983. That statute provides, in

relevant part, that “[e]very person who, under color of any statute . . . subjects, or causes to be

subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or

immunities secured by the Constitution and laws, shall be liable to the party injured . . . .” 42

U.S.C. § 1983. “[T]his language does not create substantive rights; rather, it creates a

mechanism by which individuals can vindicate the violation of rights secured elsewhere.”

6 Notably, Plaintiff does not offer any arguments in his opposition brief to support his

vagueness challenge to VTL § 375.12-a(a).

Santucci v. Levine, No. 17-cv-10204 (PMH), 2021 WL 76337, at *3 (S.D.N.Y. Jan. 8, 2021).

The Court will address each of Plaintiff’s § 1983 claims in turn.

A. Equal Protection Claim

Plaintiff contends that P.O. Rivera “with no rational basis, knowingly[,] willfully[,] and

intentionally targeted [him] because he is a person of color” and in doing so violated his right to

equal protection under the Fourteenth Amendment to the U.S. Constitution. Am. Compl. ¶¶ 13-

14. But Plaintiff has not come forward with sufficient evidence to raise a genuine issue of

material fact as to this claim, and Defendants are entitled to summary judgment.

The Equal Protection Clause of the Fourteenth Amendment provides, in relevant part,

that “[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the

laws.” U.S. Const. amend. XIV, § 1. This provision is “essentially a direction that all persons

similarly situated should be treated alike.” City of Cleburne v. Cleburne Living Ctr., Inc., 473

U.S. 432, 439 (1985). “To state a race-based claim under the Equal Protection Clause of the

Fourteenth Amendment, ‘a plaintiff must allege that a government actor intentionally

discriminated against him on the basis of his race.’” Greene v. City of New York, No. 08-cv-243

(AMD) (CLP), 2017 WL 1030707, at *30 (E.D.N.Y. Mar. 15, 2017) (quoting Brown v. City of

Oneonta, 221 F.3d 329, 337 (2d Cir. 2000)), aff’d, 742 F. App’x 532 (2d Cir. 2018) (summary

order). There are three ways to establish intentional racial discrimination in violation of the

Equal Protection Clause:

First, a plaintiff could point to a law or policy that expressly classifies persons on

the basis of race. Second, a plaintiff could identify a facially neutral law or policy

that has been applied in an intentionally discriminatory manner. Third, a plaintiff

could also allege that a facially neutral statute or policy has an adverse effect and

that it was motivated by discriminatory animus. In none of these three cases is a

plaintiff obligated to show a better treated, similarly situated group of individuals

of a different race in order to establish a claim of denial of equal protection.

Floyd v. City of New York, 959 F. Supp. 2d 540, 570 (S.D.N.Y. 2013) (cleaned up); Brown, 221

F.3d at 337. There is no allegation in the Amended Complaint, and no evidence in the record

before the Court, that any provision of the VTL expressly classifies persons on the basis of race

or that the facially neutral statutes have an adverse effect on persons of any particular race.

Accordingly, Plaintiff’s equal protection claim must be understood as falling within the second

of these categories—a facially neutral law that has been applied in an intentionally

discriminatory manner. Discriminatory intent requires proof that “a discriminatory purpose has

been a motivating factor in the challenged action,” i.e., that “those who carried out the

challenged action selected or reaffirmed a particular course of action at least in part ‘because of,’

not merely ‘in spite of,’ its adverse effects upon an identifiable group.” Floyd, 959 F. Supp. 2d

at 571 (emphasis in original) (cleaned up).7

Beyond conclusory and self-serving assertions that P.O. Rivera “targeted” him or

“profiled” him because of his race, Browne Dep. at 13:5-14:16, Plaintiff has not offered any facts

from which a rational trier of fact could conclude that P.O. Rivera singled out Plaintiff for a

traffic stop on August 30, 2023 because of his race, or that the traffic stop was animated by an

intent to discriminate. In his affidavit, P.O. Rivera stated that when he first observed the vehicle

that Plaintiff was driving, he “could not tell whether the driver was male or female; nor could

[he] observe the race of the driver” until Plaintiff “stuck his head out of the window after [P.O.

Rivera] had initiated the stop and Plaintiff had pulled over to the side of the road.” Rivera Aff. ¶

7 Plaintiff’s equal protection claim is articulated in the Amended Complaint under the

heading “Class of One,” but the substance of the claim alleges that P.O. Rivera targeted him due

to his race. Am. Compl. ¶¶ 13-14. Because “class of one” claims are reserved for instances

where a plaintiff does not “allege membership in a protected class,” the claim here is more

appropriately analyzed under the framework outlined above. See Mateo v. Dawn, No. 14-cv-

2620 (KMK), 2016 WL 5478431, at *4 (S.D.NY. Sept. 28, 2016).

5. In other words, P.O. Rivera commenced the traffic stop before he even knew the race of the

driver of the blue Honda.

In the Amended Complaint, Plaintiff alleges that P.O. Rivera “does not often or routinely

cite other motorists who are of the Caucasian race.” Am. Compl. ¶ 13. But Plaintiff has not

come forward with any evidence to support this assertion; indeed, the only evidence in the record

on this point directly contradicts Plaintiff’s allegation. Plaintiff attempts to show that P.O.

Rivera generally exhibits “racial animus,” Pl.’s Opp. ¶ 3, in conducting traffic stops by pointing

to a log produced during discovery of all of P.O. Rivera’s traffic stops for the month of August

2023. In the log, the race and ethnicity of the drivers stopped is most frequently listed as

“unknown.” See Pl.’s Opp. Ex. A. Plaintiff argues that P.O. Rivera’s supposed “failure” to note

the race and ethnicity of each driver raises a material issue of fact as to whether there were any

“racial disparities” in the “motorists stopped at the mercy of P.O. Rivera.” Pl.’s Opp. ¶ 4. But

the uncontroverted evidence in the record, supplied in an affidavit submitted by Middletown

Police Lieutenant Eric Harget, is that “New York State does not require police officers to obtain

or log the race, color, or national origins of persons pulled over—or issued tickets—for

violations of the [VTL].”8 ECF No. 42 (“Harget Aff.”) ¶ 3. In light of this representation, there

is nothing unusual or surprising about the fact that there is no information about the race or

ethnicity of the individuals stopped by P.O. Rivera in the Middletown Police Department files,

and this evidence is plainly not sufficient to raise a genuine issue of material fact as to Plaintiff’s

equal protection claim. The only evidence that is in the record regarding the race of the drivers

8 Lieutenant Harget noted that in preparing the log for production to Plaintiff in

discovery, the names of the drivers who had been stopped by P.O. Rivera in August 2023 were

cross checked with other non-traffic stop related records in the Middletown Police Department

files. For the handful of instances on the log where a driver’s race is indicated, it is because that

individual’s race was included in another record. See Harget Aff. ¶¶ 3-4.

that P.O. Rivera has stopped and cited in his traffic enforcement work comes from P.O. Rivera

himself, and that evidence indicates that P.O. Rivera stopped and ticketed drivers of all races.

P.O. Rivera estimated that in the one year prior to submitting his May 1, 2024 affidavit, he

stopped approximately 200 cars per month as part of his traffic enforcement assignment, and

further estimated that approximately 50 percent of the drivers of these vehicles were Caucasian.

Defs.’ 56.1 Statement ¶ 7; Rivera Aff. ¶ 7. Moreover, P.O. Rivera estimated that he issued

traffic tickets in approximately 80-90 percent of these stops. Id. According to P.O. Rivera, he

has issued between 200 and 250 tint violation summonses, and quite often, he was not aware of

the driver’s race or gender until after the stop due to the non-transparency of the windows. Id.

At bottom, there is no evidence in the record that would permit a reasonable jury to infer that

P.O. Rivera treated Plaintiff in a manner different that he would any other driver, or that he acted

with discriminatory intent when he initiated the traffic stop of the vehicle that Plaintiff was

driving.

Accordingly, Defendants’ motion for summary judgment as to Plaintiff’s equal protection

claim is GRANTED.

B. Substantive Due Process Claim

Plaintiff also asserts that P.O. Rivera’s application of VTL § 375.12-a amounted to a

violation of his right to “substantive due process.” Am. Compl. ¶ 16. Again, the Court

disagrees.

To prevail on a claim for a substantive due process violation, a plaintiff must establish

that he was deprived of a protected liberty interest. See Baez v. Pinker, 673 F. App’x 50, 52 (2d

Cir. 2016) (summary order). “The first step in analyzing a substantive due process claim is to

identify the particular liberty interest at stake.” Cotz v. Mastroeni, 476 F. Supp. 2d 332, 360

(S.D.N.Y. 2007). It is unclear what liberty interest Plaintiff contends is at stake here—Plaintiff

does not clearly articulate this in the Amended Complaint, and the invocation of substantive due

process in paragraph 16 of the Amended Complaint is in connection with Plaintiff’s allegations

regarding the alleged vagueness of VTL § 375.12-a(a). Plaintiff also does not make any

arguments regarding substantive due process in his opposition to the motion for summary

judgment. Still, interpreting Plaintiff’s pro se pleadings liberally, it is possible that Plaintiff is

asserting that the August 30, 2023 traffic stop violated his right to be free from unreasonable

seizure. Such a claim is more appropriately analyzed under the Fourth Amendment to the U.S.

Constitution. See Cox v. Vill. of Pleasantville, 271 F. Supp. 3d 591, 609 (S.D.N.Y. 2017) (when

“a particular Amendment provides an explicit textual source of constitutional protection against a

particular sort of government behavior, that Amendment, not the more generalized notion of

substantive due process, must be the guide for analyzing those claims” (cleaned up)).

The Fourth Amendment proscribes “unreasonable searches and seizures.” U.S. Const.

amend. IV. A traffic stop is a “seizure” of the driver within the meaning of the Fourth

Amendment “even though the purpose of the stop is limited and the resulting detention quite

brief.” Brendlin v. California, 551 U.S. 249, 255 (2007) (cleaned up). “The Fourth Amendment

requires that an officer making such a stop have probable cause or reasonable suspicion that the

person stopped has committed a traffic violation or is otherwise engaged in or about to be

engaged in criminal activity.” Holeman v. City of New London, 425 F.3d 184, 189 (2d Cir.

2005).

It is clear based on the record before the Court that P.O. Rivera had at least reasonable

suspicion to stop the vehicle that Plaintiff was driving on August 30, 2023. P.O. Rivera stated in

his affidavit that he pulled Plaintiff over because Plaintiff “had failed to signal in violation of the

State VTL provision and because the windows of the vehicle [that Plaintiff was driving] were

completely non-transparent.” Rivera Aff. ¶ 4. At no point has Plaintiff disputed that his

windshield, side windows, and rear side windows all were impermissibly tinted in violation of

the VTL, and in fact he eventually pled guilty to a separate traffic violation charge to resolve the

citations he received at the August 30, 2023 traffic stop. See Defs.’ Defs.’ 56.1 Statement ¶ 16;

Smith. Aff. Ex. E at ECF pgs. 1-2. Because P.O. Rivera’s stop of Plaintiff’s vehicle was based

on at least reasonable suspicion (if not probable cause), any purported claim based on Plaintiff’s

Fourth Amendment right to be free from unreasonable seizure must be dismissed.9

Accordingly, Defendants’ motion for summary judgment as to Plaintiff’s substantive due

process claim—which is better understood as a Fourth Amendment unreasonable seizure

claim—is GRANTED.

C. Municipal Liability Claim

Plaintiff alleges a claim for municipal liability against the City of Middletown, asserting

that the City “failed to adequately screen, train, supervise, and monitor” P.O. Rivera regarding

9 Defendants raised various additional arguments in their motion papers that the Court

need not address here. First, even construing Plaintiff’s pleadings and submissions liberally to

raise the strongest possible arguments they suggest, the Court does not consider Plaintiff to have

alleged causes of action in the Amended Complaint for false arrest or malicious prosecution. See

Defs.’ Mem. at 10-11. And in any event, even if the brief traffic stop on August 30, 2023 could

be considered an arrest, P.O. Rivera had probable cause to arrest plaintiff for the violations of

VTL § 375.12-a(b)(1)-(3), which would vitiate any false arrest claim, see Wang v. Vahldieck,

No. 09-cv-3783 (ARR) (VVP), 2012 WL 119591, at *4 (E.D.N.Y. Jan. 9, 2012). There can be

no claim for malicious prosecution here either because Plaintiff pled guilty to a traffic violation

to address the citations issued by P.O. Rivera on August 30, 2023, and therefore he cannot satisfy

the favorable termination requirement of a malicious prosecution claim. See Soberanis v. City of

New York, 244 F. Supp. 3d 395, 402 (S.D.N.Y. 2017). Second, as for Plaintiff’s purported state

law claims, see Defs.’ Mem. at 17-18, Plaintiff himself made clear in his opposition to the

motion for summary judgment that he withdrew the state law claims that were included in the

original complaint when he filed the Amended Complaint, see ECF No. 40 at ECF pg. 5. Third,

because the Court has determined that Plaintiff has not raised a triable issue as to any of

Plaintiff’s causes of action, there is no need to reach the question of whether P.O. Rivera is

entitled to qualified immunity, or whether Plaintiff’s request for injunctive relief was ever proper

or is now moot. See Defs.’ Mem. at 19-21; Defs.’ Reply at 7.

the application of VTL §§ 375.12-a in a non-discriminatory manner. Am. Compl. ¶ 17. This

claim also must be dismissed.

“Congress did not intend municipalities to be held liable [under § 1983] unless action

pursuant to official municipal policy of some nature caused a constitutional tort.” Monell v.

Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978). Thus, “to prevail on a claim against a

municipality under section 1983 based on acts of a public official, a plaintiff is required to prove:

(1) actions taken under color of law; (2) deprivation of a constitutional or statutory right; (3)

causation; (4) damages; and (5) that an official policy of the municipality caused the

constitutional injury.” Roe v. City of Waterbury, 542 F.3d 31, 36 (2d Cir. 2008); accord Cowan

v. City of Mount Vernon, 95 F. Supp. 3d 624, 636 (S.D.N.Y. 2015).

“In determining municipal liability, it is necessary to conduct a separate inquiry into

whether there exists a ‘policy’ or ‘custom.’” Davis v. City of New York, 228 F. Supp. 2d 327,

336 (S.D.N.Y. 2002). A plaintiff may satisfy the “policy or custom” requirement by proving one

of the following:

(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 policy-maker 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.

Buari v. City of New York, 530 F. Supp. 3d 356, 397-98 (S.D.N.Y. 2021) (collecting cases). In

addition, to prevail on a municipal liability claim, a plaintiff must show “a direct causal link

between a municipal policy or custom and the alleged constitutional deprivation.” City of

Canton v. Harris, 489 U.S. 378, 385 (1989); see City of St. Louis v. Praprotnik, 485 U.S. 112,

122 (1988) (“Governments should be held responsible when, and only when, their official

policies cause their employees to violate another person’s constitutional rights.”).

Because Plaintiff has failed to come forward with sufficient evidence to allow a

reasonable jury to conclude that he suffered a deprivation of any constitutional right, any claim

for municipal liability must be dismissed as well. Ramlogan v. White, No. 20-cv-5879 (JPC),

2024 WL 1313417, at *9 (S.D.N.Y. Mar. 27, 2024).

Accordingly, Defendants’ motion for summary judgment as to Plaintiff’s municipal

liability claim is GRANTED.

CONCLUSION

For the foregoing reasons, Defendants’ motion for summary judgment (ECF No. 32) is

GRANTED. The Clerk of Court is respectfully directed to terminate all pending motions, enter

judgment in favor of Defendants, and close this case.

Dated: March 28, 2025

White Plains, New York

SO ORDERED.

ChSaau Keenn——

ANDREWE.KRAUSE ———

United States Magistrate Judge

A copy of this Decision and Order has been mailed by Chambers to the pro se Plaintiff at

his address of record on the docket as of the date of the Decision and Order.

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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