PENA v. DEPRISCO

Docket Nos. 03-7876 (L), 03-7962(CON), 03-7880(CON), 03-7929(CON) and 03-7940(CON).

432 F.3d 98 (2005)

Maria PENA, individually, and as the Administrator of the Estate of Dilcia Pena; Marietta Small, Public Administrator of Kings County, as Administratrix of the Estate of Andy M. Herrera; Maria Delcarmen Herrera, and as Intended Administratrix of the Estate of Ricardo Nicanol Herrera; and Victor Herrera, as father of Andy M. Herrera and Nicanol Herrera, deceased, Plaintiffs-Appellees, v. Thomas DEPRISCO, Captain; Roy Richter, Captain; Rick Carpen, Lieutenant; Peter Moy, Sergeant; Michael Zarilli, Sergeant; Dennis Healy, Sergeant; Keith Singer, Sergeant; Jack Conway, Police Officer; John Welsh, Police Officer; Edward Sills, Police Officer; Anthony Prinzano, Police Officer; Michael Gaudio, Police Officer; Marie Desario, Police Officer; Paul Alba, Police Officer; John Chavez, Police Officer; Michael McGill, Police Officer; Brian T. White, Captain; Martin Finkelstein, Police Officer; Craig Hilderbrand and Michael Immett, individually and in their official capacity as agents of the PBA; "John" Gallo, (first name being fictitious and presently unknown); and Vincent Fiorenza, Defendants-Appellants, City of New York; the Patrolman's Benevolent Association of the City of New York, individually and in their official capacity as New York Police Officers; Joseph Grey; "John" Rabinowitz, (first name being fictitious and presently unknown); "John Does," individually and in their official capacity as Police Officers and non-uniformed employees of the New York City Police Department, the identity and number of whom is presently unknown; "Richard Roes," individually and in their official capacity as New York City Police Officers, Supervisory Police Officers of the City of New York, the identity and number of whom is presently unknown; "William Woes," individually and in their official capacity as Police Officers and/or agents for the PBA, the identity and number of whom is presently unknown; the Wild Wild West, Inc.; Brian T. White, Captain; David C. Gaskin; and Patrick Lynch, in his official capacity as President of the PBA, Defendants.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2005.


Attorney(s) appearing for the Case

Eugene B. Nathanson, New York, NY, for Plaintiffs-Appellees.

Alan Beckoff (Michael A. Cardozo, Corporation Counsel of the City of New York, Stephen J. McGrath, Alan H. Scheiner, Zachary A. Cunha, of counsel), New York, NY, for "Municipal" Defendants-Appellants.

Gregory M. Longworth, Worth, Longworth & London, LLP (John W. Burns, of counsel), for Defendants-Appellants Police Officers Jack Conway, Michael Gaudio, Craig Hilderbrand, Edward Sills, Anthony Prinzano, Marie Desario, Paul Alba, John Chavez, Michael McGill, Martin Finkelstein, John Welsh, Michael Immit, and "John Gallo."

Andrew C. Quinn, Quinn, Ferrante & Mellea, LLP (Bruno V. Gioffre, Jr., Rosa Luna-Molé, of counsel), White Plains, NY, for Defendants-Appellants Dennis Healy and Keith Singer.

Mark P. Goodman, Debevoise & Plimpton LLP (Mary Jo White, Howard S. Hogan, Laura E. Neish, of counsel) for Amicus Curiae Patrolmen's Benevolent Association of the City of New York.

Before: WALKER, Chief Judge, SACK and HALL, Circuit Judges.


SACK, Circuit Judge.

On August 4, 2001, off-duty New York City police officer Joseph Grey,1 while heavily intoxicated, drove his automobile through several red lights on a Brooklyn street, striking three people, one of whom was pregnant, and killing them all. The plaintiffs, in both representative and individual capacities, brought a variety of claims against Grey and other persons who allegedly, among other things, implicitly encouraged...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases