Hogan v. Cnty. of Lewis

• Court: U.S. District Court — Northern District of New York
• Writing for the Court: Lawrence E. Kahn U.S. District Judge
• Decision Date: 26 March 2015
• Docket Number: 7:11-CV-0754 (LEK/ATB)
• Citation: Hogan v. Cnty. of Lewis, 7:11-CV-0754 (LEK/ATB) (N.D. N.Y. Mar 26, 2015)
• Parties: MARK HOGAN, individually and as guardian and on behalf of his minor children, J.H. and I.H.; ELIZABETH M. HOGAN, individually and as guardian and on behalf of her minor children, J.H. and I.H.; and DENNIS B. OKUDINANI, as guardian and on behalf of D.O., Plaintiffs, v. COUNTY OF LEWIS, NEW YORK; DAVID VANDEWATER; FRANK ROSE; RUSSELL FALTER; KATHY WILSON; LEANNE MOSER, in her individual and official capacity as District Attorney of the County of Lewis; CALEB PETZOLDT, in his individual and official capacity as Assistant Lewis County District Attorney; SERGEANT RYAN LEHMAN, in his individual and official capacity; DEPUTY BRETT CRONEISER; and JOHN and JANE DOES, Defendants.

MARK HOGAN, individually and as guardian and on behalf of his minor children,J.H. and I.H.; ELIZABETH M. HOGAN, individually and as guardian and on behalf of her minor children,J.H. and I.H.; and DENNIS B. OKUDINANI, asguardian and on behalf of D.O., Plaintiffs, v. COUNTY OF LEWIS, NEW YORK; DAVID VANDEWATER; FRANK ROSE;RUSSELL FALTER; KATHY WILSON; LEANNE MOSER, in her individual andofficial capacity as District Attorney of the County of Lewis; CALEB PETZOLDT,in his individual and official capacity as Assistant Lewis County District Attorney;SERGEANT RYAN LEHMAN, in hisindividual and official capacity; DEPUTY BRETT CRONEISER;and JOHN and JANE DOES, Defendants.

7:11-CV-0754 (LEK/ATB)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

March 26, 2015

MEMORANDUM-DECISION and ORDER

I. INTRODUCTION

Plaintiffs Mark Hogan ("Mr. Hogan") and Susan Hogan ("Mrs. Hogan") (together, the "Hogans" or "Plaintiffs") commenced this action arising out of an ongoing property dispute and ensuing hostility between Plaintiffs and their neighbors on Hiawatha Lake in Lewis County, New York. See generally Dkt. Nos. 1 ("Complaint"); 4 ("Amended Complaint"); 87 ("Supplemental Complaint"). Presently before the Court are four Motions for summary judgment brought by Defendants Lewis County, Brett Croneiser ("Croneiser"), Ryan Lehman ("Lehman"), Leanne Moser("Moser"), and Caleb Petzoldt ("Petzoldt") (together, the "Lewis County Defendants"); David Vandewater ("Vandewater"); Russell Falter ("Falter"); Kathy Wilson ("Wilson"); and Frank Rose ("Rose") (collectively, "Defendants"). Dkt. Nos. 171 ("Vandewater Motion); 174 ("Falter and Wilson Motion"); 176 ("Lewis County Motion"); 177 ("Rose Motion"). For the reasons that follow, the Lewis County Motion is granted in full, and the remaining Motions are granted in part and denied in part.

II. BACKGROUND

A. Procedural History

Plaintiffs filed their original Complaint on July 1, 2011. Compl. After Plaintiffs filed an Amended Complaint, the Lewis County Defendants and Falter and Wilson each moved for summary judgment. Am. Compl.; Dkt. Nos. 39; 43. Plaintiffs then filed a Supplemental Complaint, which is the operative pleading in this action. Supp. Compl. The Lewis County Defendants and Falter and Wilson informed the Court that they did not intend to supplement their Motions in response to the alterations made in Plaintiffs' Supplemental Complaint. Dkt. Nos. 99; 103.

On March 8, 2013, the Court issued a Memorandum-Decision and Order granting in part and denying in part the Motions for summary judgment. Dkt. No. 125 ("March Order"). Plaintiffs filed two Motions for reconsideration of the March Order, which the Court granted in part and denied in part. Dkt. Nos. 126; 131; 151. The parties then engaged in discovery, and a second round of Motions for summary judgment ensued.

B. Factual Background

Given the lengthy litigation history, the Court presumes the parties' familiarity with the background of this case and recites only those facts necessary to resolve the pending Motions.

1. Plaintiffs' Neighbors

Plaintiffs and Defendants Vandewater, Rose, Falter, and Wilson all own property around Hiawatha Lake. Dkt. Nos. 171 ("Vandewater Statement of Material Facts") ¶¶ 1, 3; 188 ("Plaintiffs' Response Statement of Material Facts - Vandewater") ¶¶ 1, 3. Beginning in or about 2006, hostility developed between Plaintiffs and their neighbors resulting in several state law actions, in addition to the present case. Vandewater SMF ¶¶ 5-6; Pls.' Resp. SMF - Vandewater ¶¶ 5-6.

In one of the state court actions, Plaintiffs' non-party neighbors (the "Wests") brought suit against the Hogans to determine whether the Wests had acquired title to certain of the Hogans' property by adverse possession. See Vandewater SMF ¶¶ 6-7; Pls.' Resp. SMF - Vandewater ¶¶ 6-7; see also West v. Hogan, 930 N.Y.S.2d 708 (App. Div. 2011). Vandewater was joined as a third party in the West action, and the parties stipulated to a right of way (the "easement") to enable the Hogans to access certain lots that they owned. See Vandewater SMF ¶¶ 6-7; Pls.' Resp. SMF - Vandewater ¶¶ 6-7. However, the parties vehemently disagree over the precise location of the easement—specifically, whether the easement directly abuts, crosses over, or is set apart from Rose's property line. Vandewater SMF ¶ 8; Pls.' Resp. SMF - Vandewater ¶ 8.

The dispute over the location of the easement is only one element of the overall conflict between the Hogans and their neighbors. Vandewater asserts that he and Mr. Hogan "have had several verbal and one physical alteration since 2006." Vandewater SMF ¶ 10. Plaintiffs respond that "Vandewater has verbally harassed and screamed at [them] repeatedly." Pls.' Resp. SMF - Vandewater ¶ 10.

In one instance, Plaintiffs allege that Vandewater "lurched a 2000 lb Kubota tractor at [their] son and [their] son's friend." Pls.' Resp. SMF - Vandewater ¶ 10. Plaintiffs assert that Vandewater physically attacked Mr. Hogan during this same incident. Id. ¶ 10. Rose was present in the utility vehicle along with Vandewater during this incident; however, Rose contends that he was merely a passive passenger. See Dkt. No. 177-1 ("Rose Statement of Material Facts") ¶¶ 72-77. Plaintiffs, on the other hand, assert that Rose "encouraged" Vandewater in his effort to harass and terrify minor Plaintiffs D.O. and J.H. Dkt. No. 199 ("Plaintiffs' Response Statement of Material Facts - Rose") ¶¶ 72-77.

With respect to Falter and Wilson, they contend that they "have never defaced destroyed or vandalized [P]laintiffs' property." Dkt. No. 174-1 ("Falter and Wilson Statement of Material Facts") ¶ 6. However, Plaintiffs assert that Falter and Wilson "constructed and aided in the construction of barriers for the sole purpose of preventing Plaintiffs from accessing their property." Dkt. No. 192 ("Plaintiffs' Response Statement of Material Facts - Falter and Wilson") ¶ 6. Specifically, Plaintiffs allege that Falter and Wilson, at Rose's request, on two occasions placed a steel cable between trees across Plaintiffs' easement to prevent them from being able to access their property. FW SMF ¶¶ 6-7; Pls.' Resp. SMF - FW ¶¶ 6-7.

Rose does not deny erecting the steel cables, but asserts that the cables and a "no trespassing" sign were placed to protect his property from trespassers. See Rose SMF ¶¶ 52-55. Rose also placed two sawhorses across the entrance to his "driveway"; Plaintiffs assert that the sawhorses were placed not across Rose's driveway, but to interfere with Plaintiffs' easement. See id. ¶¶ 56, 70; see also Pls.' Resp. SMF - Rose ¶¶ 56, 70. Rose later discovered that Mr. Hogan had taken Rose's saw horses and steel cables; Rose filed a complaint with the Lewis County Sheriff'sDepartment and provided them with photographs from his security cameras corroborating the alleged larceny. Id. ¶ 59.¹

Plaintiffs further allege that Falter and Wilson have verbally harassed, screamed at, and directed vulgar language at the Hogans while on their property. Id. Plaintiffs also claim that Falter and Wilson blocked Plaintiffs' right of way with their pick up trucks on a number of occasions between 2007 and 2010, FW SMF ¶ 10; Pls.' Resp. SMF - FW ¶10, and that Falter and Wilson swerved at the Hogans' vehicle "to intimidate and harass the Plaintiffs," id. ¶ 10. Finally, Plaintiffs allege that Falter and Wilson directed racial epithets at Plaintiff D.O. while visiting the Hogans' property. Id. ¶ 11; see also Am. Compl. ¶ 107 (noting that D.O. is African-American).

2. The Lewis County Defendants

The Hogans have filed numerous complaints against their neighbors with the Lewis County Sheriff's Department, including on August 29, 2008, April 9, 2009, and April 26, 2010. Dkt. Nos. 176-27 ("Lewis County Statement of Material Facts) ¶¶ 1, 3, 6; 204 ("Plaintiffs' Response Statement of Material Facts - Lewis County") ¶¶ 1, 3, 6. The Sheriff's Department responded to all of Mr. Hogan's complaints. See Lewis Cnty. SMF ¶¶ 1, 3, 6; Pls.' SMF Resp - Lewis Cnty. ¶¶ 1, 3, 6.

Lehman and Croneiser were only involved with the April 26, 2010, complaint, which involved one of the steel cable incidents described supra. See Lewis Cnty. SMF ¶ 7. Mr. Hogan admitted that he took the steel cable, but asserted that he did so to preserve it because he did not know to whom it belonged. Pls.' SMF Resp - Lewis Cnty. ¶¶ 8-10. Lehman and Croneiserinformed Mr. Hogan that he needed to return the cable or face arrest; Mr. Hogan complied and was not charged criminally at that time. Id. ¶¶ 10-11. However, Mr. Hogan was arrested on May 29, 2010, for petit larceny after removing the cable and sawhorse blocking his claimed right of way two weeks prior.² Id. ¶¶ 12, 43; Pls.' SMF Resp - Lewis Cnty. ¶ 12.

Plaintiffs later filed another trespassing complaint with the Sheriff's department against the Wests on July 5, 2010. Pls.' SMF Resp - Lewis Cnty. ¶ 12. Croneiser met with Mr. Hogan and filed an incident report. Id. ¶¶ 13-14. Plaintiffs assert that the Wests were not charged, however, because Moser informed Croneiser not to charge them. Id. ¶ 14.

Plaintiffs generally allege a broad campaign by the Lewis County Defendants to drive Plaintiffs out of Hiawatha Lake by processing criminal complaints against the Hogans but refusing to pursue the Hogans' complaints against their neighbors. See, e.g., Pls.' SMF Resp - Lewis Cnty. ¶ 20 (asserting that Assistant District Attorney Petzoldt informed Plaintiffs, "We don't want you in Lewis County."); id. ¶ 24 (claiming that Croneiser was informed by Petzoldt that it was "open season" on the Hogans); id. ¶ 36 (alleging that "Lehman suggested that [P]laintiff[s] should just sell everything and find some place to go").

III. LEGAL STANDARD

Rule 56 of the Federal Rules of Civil Procedure instructs a court to grant summary judgment if "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R. CIV. P. 56(c). Although "[f]actual...