In Borisova v. Friberg, the plaintiff brought a legal action under 42 U.S.C. § 1983 against William Friberg, his company, Triple I Associates, as well as police officers Elizabeth Drozd-Spidle and Rebecca Coogan, and the City of New York (the “City Defendants”). The plaintiff alleged that the defendants unlawfully searched her store and arrested her on charges of selling counterfeit merchandise. The defendants filed motions to dismiss, which were partially denied and partially granted.
Background
The plaintiff owned Marina’s Mall, a retail store in Brooklyn, selling fragrances, costume jewelry, and accessories. On October 4, 2017, William Friberg, a former NYPD officer turned private investigator, entered the store and later returned with Officers Drozd-Spidle and Coogan, accusing the plaintiff of selling counterfeit fragrances. Despite the plaintiff offering to show receipts of her purchases, Friberg proceeded to inspect the merchandise himself, even opening drawers and examining their contents.
Issue
Whether the defendants, including William Friberg, his company Triple I Associates, and police officers Elizabeth Drozd-Spidle and Rebecca Coogan, violated the plaintiff’s rights under 42 U.S.C. § 1983 by unlawfully searching her store and arresting her on charges of selling counterfeit merchandise.
Holding
The court denied the defendants’ motions to dismiss in part and granted them in part. The court found that the plaintiff’s claims were timely and that Friberg was acting under color of state law. However, the court dismissed Triple I Associates from the action due to insufficient allegations. The court also found that the plaintiff had sufficiently alleged that the defendants did not have probable cause or arguable probable cause to arrest her. Additionally, the court found that the plaintiff had adequately alleged that the defendants conducted a warrantless search of her store, which is per se unreasonable under the Fourth Amendment.
Discussion
The defendants argued that the plaintiff’s claims were time-barred and that Friberg and Triple I Associates did not act under color of state law. However, the court found that the claims were timely and that Friberg, at least, was acting under color of state law based on the allegations in the complaint. The court dismissed Triple I Associates from the action due to insufficient allegations against them.
Regarding the false arrest claims, the court found that the plaintiff had adequately pled that Friberg and the officers did not have probable cause or arguable probable cause to arrest her. The court also noted that the defendants’ arguments relied on extrinsic evidence not included in the complaint, which could not be considered at the motion to dismiss stage.
For the unlawful search claims, the court found that the plaintiff had sufficiently alleged that the defendants conducted a warrantless search of her store, which is per se unreasonable under the Fourth Amendment.
Conclusion
After the court issued its decision, the plaintiff may proceed with the case by engaging in discovery to gather evidence to support her claims. This could include requesting documents, taking depositions, and seeking information from the defendants. The plaintiff may also consider filing a motion for summary judgment if she believes that there are no genuine issues of material fact and that she is entitled to judgment as a matter of law based on the evidence presented. If the case does not settle, it may proceed to trial where the parties will present their evidence and arguments, and the court will make a final decision.
If the plaintiff ultimately wins the case, she may be awarded damages to compensate her for the harm suffered as a result of the defendants’ actions. These damages could include compensation for any physical or emotional injuries, as well as for any financial losses incurred.
Contact an experienced New York police brutality lawyer at Stephen Bilkis & Associates if you’ve faced similar issues. We have the knowledge and resources to provide you with the necessary legal assistance and guidance to protect your rights and seek justice.