Anobile v. Pelligrino
| Decision Date | 25 August 1999 |
| Docket Number | No. 97 Civ. 9512(BDP).,97 Civ. 9512(BDP). |
| Citation | 66 F.Supp.2d 472 |
| Parties | Angelo ANOBILE, Joseph Omboni, Jr., Michael Forte, Wardell Washington, Richard W. Fulfree, George P. Fulfree, and Robert Rahner, Plaintiffs, v. Frank PELLIGRINO, Edward J. Martin, Michael Hoblock, Bennett Liebman, Joseph Neglia, Joel Leveson, and The New York State Racing and Wagering Board, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Richard W. Fulfree, Yonkers, NY, for plaintiffs.
Michael Kennedy, New York State Attorney General's Office, New York City, for defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Plaintiffs, Angelo Anobile, Joseph Omboni, Jr., Michael Forte, Wardell Washington, Richard W. Fulfree, George P. Fulfree, and Robert Rahner, originally commenced this action pursuant to 42 U.S.C. §§ 1983 and 1985 seeking interlocutory relief contending that a December 9, 1997 search of the entire premises of the Yonkers Raceway sanctioned by defendants for the purpose of uncovering unauthorized drugs and drug paraphernalia that might be administered to horses about to race at Yonkers violated plaintiffs' Fourth, Fifth, and Fourteenth Amendment rights guaranteed under the United States Constitution.
The trial on the merits was consolidated with the hearing on the preliminary injunction, and the action was tried to this Court on March 29, 30, and 31, 1999. On March 29, 1999, this Court dismissed on the ground of sovereign immunity plaintiffs' claims for money damages pursuant to 42 U.S.C. § 1983 or § 1985 against the New York State Racing and Wagering Board and its members in their official capacities. On March 31, 1999, the Court dismissed plaintiffs' 42 U.S.C. § 1983 claims against defendants Frank Pelligrino, Edward J. Martin, Michael J. Hoblock, Bennett Liebman, and Joseph P. Neglia, based on qualified immunity grounds. The Court's findings of fact and conclusions of law follow.
Plaintiff Angelo Anobile is a horse trainer licensed by the New York State Racing and Wagering Board ("RWB" or "the Board"). He has been continuously licensed by the RWB since the late 1960s or early 1970s. On December 9, 1997, plaintiff Joseph Omboni, an owner since the early 1970s, and a trainer for approximately the past ten years held RWB licenses as an owner and a trainer. Plaintiff Michael Forte has been continuously licensed by the RWB as an owner, driver, or trainer from the early 1970s until 1999. Plaintiff Wardell Washington has been continuously licensed by the RWB as a groom for about thirty years. Plaintiff Robert Rahner is presently licensed by the RWB as a trainer and driver. He has been licensed as a trainer and driver since the early 1970s, and was also licensed as an owner around 1987. Subsequently he ceased to be an owner and resumed his license as just a trainer and a driver. Plaintiff Richard Fulfree, Esq., is licensed by the RWB as an owner and trainer. His brother, plaintiff George Fulfree has never been licensed by the RWB.
The RWB is an agency within the New York State Executive Department. Defendant Frank Pelligrino was the presiding Judge at Yonkers Raceway in December 1997, and continues to function in that capacity. Defendant Edward Martin was the Executive Director of the RWB in December 1997, and continues to serve in that capacity. Defendant Michael Hoblock was the Chairman of the RWB in December 1997, and continues to serve in that capacity. Defendants Bennett Liebman and Joseph Neglia were members of the RWB in December 1997, and continue to serve in that capacity.
Section 301 of New York State's Racing, Pari-Mutuel Wagering and Breeding Law provides, in part:
b. The state racing and wagering board shall prescribe rules and regulations for effectually preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed of harness horses in races in which they are about to participate.
N.Y. Racing, Pari-Mutuel Wagering and Breeding Law, 301(2)(b).
Section 902(1) of the Pari-Mutuel Wagering and Breeding Law provides:
In order to assure the public's confidence and continue the high degree of integrity in racing at the pari-mutuel betting tracks, equine drug testing at race meetings shall be conducted by a land grant university within this state with a regents approved veterinary college facility. The state racing and wagering board shall promulgate any rules and regulations necessary to implement the provisions of this section, including administrative penalties of loss of purse money, fines, or denial, suspension, or revocation of a license of racing drugged horses.
N.Y. Racing, Pari-Mutuel Wagering and Breeding Law, § 902(1).
Acting under the auspices of New York's Pari-Mutuel Wagering and Breeding Law, the RWB has promulgated a number of regulations to maintain control over racing and its participants. One of its primary concerns has been to prevent the use of performance enhancing drugs on race horses. Section 4120.6 of the New York Code of Rules and Regulations ("NYCRR") prohibits, except when in the possession of a veterinarian, upon the premises of a licensed harness race track:
(1) any equipment which may be used for hypodermic injection or other infusion into a horse or any vial, bottle, or cartridge designed and usable for such purposes; or
(2) any controlled substance, listed in schedule I through IV of the United States Code, title 21 (Food and Drugs) section 812, or any drug which has not been approved for use in the horse by the Federal Food and Drug Administration. Not included in this prohibition are liniments, antiseptics, ointments, leg paints, washes and other products commonly used in the daily care of horses.
17. The NYCRR provides:
(d) Each track is required to use all reasonable efforts to prevent and detect violations of this section. Each track, the board and the judges or their designees shall have the right to enter into or upon the buildings, stables, rooms, motor vehicles or other places within the grounds of such track to examine the same and to inspect and examine the personal property and effects of any person within such places; and every person who has been granted a license by the board, by accepting his license, does consent to such search including a personal search and to the seizure of any drugs or hypodermic syringes, hypodermic needles or other devices and if the board shall find that any person has refused to permit any such search or seizure it may impose such punishment as may be appropriate.
(e) A report shall be made to the Bureau of Narcotics of the Department of the Treasury of the United States of all cases in which it is reported to the board that narcotics or other controlled substances have been detected in a specimen from any horse; and if any veterinarian or physician has been involved therein, a similar report shall be made to the New York State Education Department.
NYCRR, §§ 4120.6(d) and 4120.6(e).
In order to obtain a New York State Racing License, an applicant is required to sign a form that states, in part:
By the acceptance of a license issued pursuant to this application, I waive my rights to object to any search, within the grounds of a licensed racetrack or racing association, of any premises which I occupy or control or have the right to occupy or control and of my personal property, including a personal search, and the seizure of any article, the possession of which may be forbidden within such grounds.
In order to work on the grounds of the racetrack, or to act as an owner, trainer, driver, or groom, a RWB license was required.
Defendant Joel Leveson began working for the RWB, as a racing investigator, in November 1995. At the time of trial, Leveson was the Acting Director of Investigations, a position that he had held for approximately one month on December 9, 1997. In that capacity, he managed an approximately fifteen person staff, scheduled their work, and generally oversaw compliance issues with the Board.
Prior to the December 9, 1997 search, Leveson had conducted searches of barns on the racetrack premises. In those searches, he found equine drugs and syringes, tubes, funnels, and other equipment used by horsemen to treat horses. Such materials created, in Leveson's words, "a non-level playing field" in which medicated horses performed better than they would otherwise. Leveson also recalled isolated instances in which horses tested positive for cocaine, and occasions when their handlers also tested positive for illegal drugs. As Acting Director, it was his responsibility to ensure that the races at Yonkers Raceway were fair and free of the effects of prohibited substances.
Security at Yonkers Raceway was maintained by a special police force of about thirty members, called peace officers, who had powers similar to those of regular policemen. The police force was employed by the Yonkers Racetrack, and was not employed by the RWB. The Raceway was not routinely patrolled by either Yonkers police officers or any other town or village Police Department.
At some point before the planning of the search, Leveson briefed Michael Hoblock, the RWB Chairman, and various members of the Board on issues of security and other conditions at the Raceway. Some time afterwards, Duke Dranichak, who at the time was Chief of Racing Officials and Second Acting Director of Investigations, ordered Leveson to undertake the December 9, 1997 search. Leveson then planned, formulated, and ultimately directed the search.
Leveson intended to search all areas of the Yonkers Raceway. This decision was based on his conclusions that there were significant compliance problems at the Raceway, and he wanted to determine their extent through what he termed a "compliance audit." The problems included: the...
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Anobile v. Pelligrino
...scrutiny under the Fourth Amendment because the search was appropriate in time, place and scope. See Anobile v. Pelligrino, 66 F.Supp.2d 472, 483-89 (S.D.N.Y. 1999). For the reasons set forth below, we affirm the district court in part, and reverse and remand in part. The Board had authorit......
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Anobile v. Pelligrino
...scrutiny under the Fourth Amendment because the search was appropriate in time, place and scope. See Anobile v. Pelligrino, 66 F.Supp.2d 472, 483-89 (S.D.N.Y. 1999). For the reasons set forth below, we affirm the district court in part, and reverse and remand in part. The Board had authorit......
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Anobile v. Pelligrino
...scrutiny under the Fourth Amendment because the search was appropriate in time, place and scope. See Anobile v. Pelligrino, 66 F. Supp. 2d 472, 483-89 (S.D.N.Y. 1999). For the reasons set forth below, we affirm the district court in part, and reverse and remand in part. The Board had author......