Shivers v. City Smiles Dental

Summary

The Appellate Division, First Department, modified an order concerning claims arising from an alleged detention at a dental office. It held that factual issues remained regarding liability under 42 U.S.C. § 1983 and the illegal-detention claims, including probable cause and whether Riverbay's peace officers acted under color of state law. The court dismissed the parties' common-law indemnity cross claims and Riverbay's contractual indemnity cross claims against City Smiles.

Holdings

1. Riverbay was not entitled to summary judgment because it failed to establish that its two armed peace officers were not acting under color of state law, and factual issues remained as to whether Shivers was deprived of a constitutional right by being detained without probable cause.
2. Summary judgment dismissing the illegal-detention claims was properly denied because issues of fact existed as to whether defendants unjustifiably detained Shivers and whether they had probable cause to do so.
3. Riverbay's contractual indemnity cross claims against City Smiles should have been dismissed because Riverbay submitted no evidence establishing that a contract between the parties existed.
4. Both parties' common-law indemnity cross claims should have been dismissed because neither party was subject to statutory or other vicarious liability not premised on its own negligence.

Questions Presented

1. Whether Riverbay was entitled to summary judgment dismissing Shivers's 42 U.S.C. § 1983 claim on the ground that its peace officers were not acting under color of state law.
2. Whether defendants were entitled to summary judgment dismissing the illegal-detention claims despite conflicting evidence concerning the detention and probable cause.
3. Whether Riverbay's and City Smiles' common-law indemnity cross claims were viable.
4. Whether Riverbay's contractual indemnity cross claims against City Smiles should be dismissed where Riverbay submitted no evidence establishing an applicable contract.

Disposition

affirmed