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Jenkins v. Cnty. of Wash., 1:14–CV–0064 (GTS/RFT).

Document Cited authorities 30 Cited in 11 Precedent Map Related
Vincent
CourtUnited States District Courts. 2nd Circuit. United States District Court of Northern District of New York
Writing for the CourtGLENN T. SUDDABY, District Judge.
Citation126 F.Supp.3d 255
Parties Peddie JENKINS, Plaintiff, v. CNTY. OF WASHINGTON; Washington Cnty. Sheriff's Dep't; Jefferey Murphy, Washington Cnty. Sheriff, Individually; John Winchell, Washington Cnty. Undersheriff, Individually; Scott Stark, Washington Cnty. Sheriff's Deputy, Individually; Village of Hudson Falls ; Hudson Falls Police Dep't ; Randy Diamond, Hudson Falls Police Chief, Individually; Scott Gillis, Hudson Falls Police Officer, Individually; Scott Moulthrop, Hudson Falls Police Officer, Individually; City of Glens Falls; City of Glens Falls Police Dep't; William Valenza, Glens Falls Police Chief, Individually; Peter Casertino, Glens Falls Police Officer, Individually; Paul Fretteloso, Glenns Falls Police Officer, Individually; New York State Comm'r of Dep't of Corr. and Cmty. Supervision; Mario Torres, New York State Parole Officer, Individually; Scott Hurteau, New York State Parole Officer, Individually; Washington Cnty. Dist. Attorney's Office; Kevin Kortright, Washington Cnty. Dist. Attorney, Individually; Devin Anderson, Washington Cnty. Assistant Dist. Attorney, Individually; and Michael Stern, Washington Cnty. Assistant Dist. Attorney, Individually, Defendants.
Docket NumberNo. 1:14–CV–0064 (GTS/RFT).,1:14–CV–0064 (GTS/RFT).
Decision Date27 August 2015

126 F.Supp.3d 255

Peddie JENKINS, Plaintiff,
v.
CNTY. OF WASHINGTON; Washington Cnty. Sheriff's Dep't; Jefferey Murphy, Washington Cnty. Sheriff, Individually; John Winchell, Washington Cnty. Undersheriff, Individually; Scott Stark, Washington Cnty. Sheriff's Deputy, Individually; Village of Hudson Falls ; Hudson Falls Police Dep't ; Randy Diamond, Hudson Falls Police Chief, Individually; Scott Gillis, Hudson Falls Police Officer, Individually; Scott Moulthrop, Hudson Falls Police Officer, Individually; City of Glens Falls; City of Glens Falls Police Dep't; William Valenza, Glens Falls Police Chief, Individually; Peter Casertino, Glens Falls Police Officer, Individually; Paul Fretteloso, Glenns Falls Police Officer, Individually; New York State Comm'r of Dep't of Corr. and Cmty. Supervision; Mario Torres, New York State Parole Officer, Individually; Scott Hurteau, New York State Parole Officer, Individually; Washington Cnty. Dist. Attorney's Office; Kevin Kortright, Washington Cnty. Dist. Attorney, Individually; Devin Anderson, Washington Cnty. Assistant Dist. Attorney, Individually; and Michael Stern, Washington Cnty. Assistant Dist. Attorney, Individually, Defendants.

No. 1:14–CV–0064 (GTS/RFT).

United States District Court, N.D. New York.

Signed Aug. 27, 2015.


126 F.Supp.3d 257

William E. Montgomery, III, Esq., William E. Montgomery, III, Esq., of Counsel, Glens Falls, NY, for Plaintiff.

Lemire Johnson, LLC, Gregg T. Johnson, Esq., April J. Laws, Esq., of Counsel, Malta, NY, for County Defendants.

126 F.Supp.3d 258

Burke, Scolamiero, Mortati & Hurd, LLP, Judith B. Aumand, Esq., Thomas J. Mortati, Esq., of Counsel, Albany, NY, for Village Defendants.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., James A. Resila, Esq., William C. Firth, Esq., of Counsel, Albany, NY, for City Defendants.

Hon. Eric T. Schneiderman, Attorney General for the State of New York, Richard Lombardo, Esq., of Counsel, Albany, NY, for State Defendants.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this civil rights action filed by Peddie Jenkins ("Plaintiff") against five village entities and employees ("Village Defendants"), five city entities and employees ("City Defendants"), nine county entities and employees ("County Defendants"), and a state entity and two state employees ("State Defendants"), are four motions: a motion for judgment on the pleadings by the Village Defendants (Dkt. No. 46); a motion for judgment on the pleadings by the City Defendants (Dkt. No. 41); a motion to dismiss for failure to state a claim by the County Defendants (Dkt. No. 33); and a motion to dismiss for failure to state a claim by the State Defendants (Dkt. No. 44). For the reasons set forth below, Defendants' motions are granted and Plaintiff's Complaint is dismissed.

TABLE OF CONTENTS
I. RELEVANT BACKGROUND 259
A. Plaintiff's Claims 259
B. Parties' Briefing on Defendants' Motions 260
1. Parties' Briefing on Village Defendants' Motion for Judgment on the Pleadings 260
a. Village Defendants' Memorandum of Law in Chief 260
b. Plaintiff's Opposition Memorandum of Law 261
c. Village Defendants' Reply Memorandum of Law 262
2. Parties' Briefing on City Defendants' Motion for Judgment on the Pleadings 263
a. City Defendants' Memorandum of Law in Chief 263
b. Plaintiff's Opposition Memorandum of Law 264
c. City Defendants' Reply Memorandum of Law 264
3. Parties' Briefing on County Defendants' Motion to Dismiss 265
a. County Defendants' Memorandum of Law in Chief 265
b. Plaintiff's Opposition Memorandum of Law 266
c. County Defendants' Reply Memorandum of Law 267
4. Parties' Briefing on State Defendants' Motion to Dismiss 268
a. State Defendants' Memorandum of Law in Chief 268
b. Plaintiff's Opposition Memorandum of Law 270
c. State Defendants' Reply Memorandum of Law 271
II. GOVERNING LEGAL STANDARDS 272
A. Legal Standards Governing a Motion for Judgment on the Pleadings and a Motion to Dismiss for Failure to State a Claim 272
B. Legal Standards Governing Plaintiff's Claims and Defendants' Defenses 275
III. ANALYSIS 275
A. Analysis of Village Defendants' Motion for
...

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    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 26 Marzo 2019
    ...facts sufficient to rebut the presumption of probable cause flowing from a grand jury indictment."); Jenkins v. Cty. of Washington, 126 F.Supp.3d 255, 278 (N.D.N.Y. 2015) (conclusory allegation that defendant knowingly presented false evidence to grand jury insufficient to overcome presumpt......
  • Mullahey v. Zurlo, 1:16-CV-00401 (MAD/DJS)
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    ...L-7 Designs, Inc. v. Old Navy, LLC, 647 F.3d 419, 421-22 (2d Cir. 2011) (quotation omitted); see also Jenkins v. County of Washington, 126 F. Supp. 3d 255, 274 (N.D.N.Y. 2015) (citation omitted).B. Deprivation of interests without due process In his first claim, Plaintiff alleges that he wa......
  • Gilmore v. Bouboulis, 3:15-CV-0686 (GTS/DEP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 29 Agosto 2016
    ...any County policy, custom, or practice pursuant to which the alleged violations occurred. See, e.g., Jenkins v. Cty. of Washington, 126 F. Supp. 3d 255, 279 (N.D.N.Y. 2015) (Suddaby, J.) (noting that plaintiff's allegation that individual defendants were policymaking officials "does not mea......
  • Winston v. City of Syracuse, 5:16-cv-0235
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 8 Septiembre 2016
    ...review "any matter of which the court can take judicial notice for the factual background of the case." Jenkins v. Cnty of Washington , 126 F.Supp.3d 255, 274–75 (N.D.N.Y.2015).III. BACKGROUNDa. FactsThe City of Syracuse, New York ("the City") is a municipal corporation that is the sole sup......
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