FOR IMMEDIATE RELEASE
January 4, 2021
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB DEFENSE GETS MOTION TO DISMISS ON BEHALF OF PARKCHESTER DEPT. OF PUBLIC SAFETY AND P.S.C. OFFICER
False Arrest and Imprisonment; Assault and Battery
NEW YORK ― Quintairos, Prieto, Wood & Boyer, P.A., trial attorney Tanya M. Branch and defended their insured client, Parkchester Department of Public Safety, and P.S.C. Officer Curtis Dennis. In this matter, the plaintiff alleged sustaining injuries from an arrest that occurred on August 17, 2017, alleging he was kicked, dragged and Officers used pepper spray. The plaintiff alleged false arrest, false imprisonment, and assault; and further alleged, abuse of process, malicious prosecution, negligent supervision, and negligent hiring. The plaintiff commenced this action on September 18, 2018.
The defense submitted a pre-answer Motion to Dismiss arguing that the plaintiff’s complaint should be dismissed with prejudice, because the statute of limitations has run on plaintiff’s intentional tort claims and for failure to state a cause of action. Additionally, the defense argued that the claims for negligent hiring and training should be dismissed because the officers employed are peace officers pursuant to Penal Law, and were acting within the scope of their employment at Parkchester Public Safety.
Honorable Kenneth L. Thompson granted the defense’s motion and dismissed the plaintiff’s complaint. The Court found that the defendants met their prima facie burden and that the defendants are private police and the one year statute of limitations for false arrest, false imprisonment, malicious prosecution, assault and battery applied. Further, the Court held that the negligence cause of action was based upon intentional torts and should be dismissed for the running of the statute of limitations. The plaintiff’s claims for negligent hiring and negligent supervision were dismissed as well because it was undisputed that the officer was acting within the scope of his employment, and the plaintiff does not seek punitive damages based upon gross negligence in hiring or retention of the officer.
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Tanya M. Branch is the Managing Partner of the New York City office. She represents contractors, subcontractors and municipalities in claims involving personal injury, property damage and construction accidents. Her practice focuses on complex general liability and the representation of insurers and insureds in commercial general liability claims and all other aspects of personal injury litigation. She received her law degree from Touro College Fuchsberg Law Center in 1994 and is admitted to practice in New York and the U.S. District Courts for the Eastern and Southern Districts of New York.
Quintairos, Prieto, Wood & Boyer, P.A. is the largest minority and women owned law firm in the nation with more than 375 lawyers serving clients from 24 offices in the United States and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.