Shortly after midnight on October 6, 2002, Plaintiff Garnel Celestin (“Celestin”) was at the front entrance of a party at 505 Ocean Avenue, Brooklyn, New York. At approximately 12:29 a.m., a 911 dispatcher received a call of “shots fired” coming from the basement of the building.
See Defendants' Local Rule 56.1 Statement of Undisputed Facts (“Def. 56.1 Statement”), dated June 30, 2006, ¶ 2; Plaintiff's Local Rule 56.1 Statement (“Pl. 56.1 Statement”), dated November 2, 2006, ¶ 2; Declaration of Liora Jacobi (“Jacobi Decl.”), dated June 30, 2006, Ex. B at 1. Celestin claims he suffered a gunshot
wound to the shoulder as a result of the reported shooting.
See Def. 56.1 Statement ¶ 162. New York City Police Officers Ramon Padilla and Claude Jean–Pierre responded to 505 Ocean Avenue to investigate the 911 call.
See Def. 56.1 Statement ¶ 6. While on scene, Officer Jean–Pierre claims that he and a young black male engaged in a fight and that the male shot him in the wrist after gaining control of his service weapon.
See Jacobi Decl., Ex. D at 73:17–75:18. Officer Padilla believed that he shot the young black male in the shoulder before he escaped.
See id., Ex. C at 44:15–22. Later that night, police investigators determined that Celestin was the individual who had shot Officer Jean–Pierre. Celestin was arrested and indicted two weeks later. All criminal charges against Celestin were dismissed in September of 2003 after DNA test results showed that Celestin's DNA did not match any DNA evidence found at the scene.
See id., Ex. Q at 84:19–85:5;
see Def. 56.1 Statement ¶ 157.