De Ratafia v. Cnty. of Columbia, 1:13-CV-174 (NAM/RFT)
| Decision Date | 26 September 2013 |
| Docket Number | 1:13-CV-174 (NAM/RFT) |
| Parties | GEORGES-LUCIEN DE RATAFIA and DIANE ACKROYD, Plaintiffs, v. THE COUNTY OF COLUMBIA, a Political Subdivision of the State of New York, SHERIFF DAVID W. HARRISON, JR., in his Individual and Official Capacities, DEPUTY SHERIFF DAVID PROPER, in his Individual and Official Capacities, DEPUTY SHERIFF TODD HYSON, in his Individual and Official Capacities, DEPUTY SHERIFF DAVID ROSE, in his Individual and Official Capacities, and Henry Meleck a/k/a Henry Wrenn-Meleck, Defendants. |
| Court | U.S. District Court — Northern District of New York |
GEORGES-LUCIEN DE RATAFIA and DIANE ACKROYD, Plaintiffs,
v.
THE COUNTY OF COLUMBIA,
a Political Subdivision of the State of New York, SHERIFF DAVID W. HARRISON, JR.,
in his Individual and Official Capacities, DEPUTY SHERIFF DAVID PROPER,
in his Individual and Official Capacities, DEPUTY SHERIFF TODD HYSON,
in his Individual and Official Capacities, DEPUTY SHERIFF DAVID ROSE,
in his Individual and Official Capacities, and Henry Meleck a/k/a Henry Wrenn-Meleck, Defendants.
1:13-CV-174 (NAM/RFT)
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Date: September 26, 2013
APPEARANCES:
OFFICE OF GLENN BACKER
Attorney for Plaintiffs
GOLDBERG SEGALLA, L.L.P.
Attorneys for County Defendants
GALLET DREYER & BERKEY, LLP
Attorneys for Defendant Henry Wrenn-Meleck
OF COUNSEL:
Glenn Backer, Esq.
Jonathan M. Bernstein, Esq.,
Matthew S. Lerner, Esq.
David S. Douglas, Esq.
Adam M Felsentein, Esq.
NORMAN A. MORDUE, Senior United States District Judge:
I. INTRODUCTION
This case arises under the auspices of 42 U.S.C. § 1983, the New York State constitution
Page 2
and New York common law. Plaintiffs assert that the defendant Sheriff Deputies violated their constitutional rights under federal and state law as a result of forcibly entering their home without cause and committing various torts against them including assault and battery. Presently before the Court are two motions to dismiss by the County defendants and defendant Meleck seeking dismissal or partial dismissal of the complaint on various grounds. Plaintiff opposes both motions. There is an "unofficial" third motion filed by the County in opposition to dismissing defendant Meleck from this action on the ground that the County is entitled to seek contribution from him should it be found liable to plaintiffs on any of their claims. Meleck opposes this request by the County.
II. FACTUAL AND PROCEDURAL BACKGROUND
The following facts are taken from plaintiffs' complaint. Plaintiffs and defendant Meleck are all New York County residents who maintain separate residences in Chatham, New York. Chatham, New York is located in Columbia County, New York. Plaintiff de Ratafia is a 61 year old retired real estate investor with financial interests in Columbia County. de Ratafia generally resides in New York, New York. Plaintiff Ackroyd is de Ratafia's fiancé. She is a New York State licensed nurse practitioner and a board certified psychiatric therapist. She is presently the director of psychiatric emergency services at Long Island Jewish/Lenox Hill Hospital in Manhattan. de Ratafia and Ackroyd occupy de Ratafia's property in Columbia County on various occasions year round.
According to plaintiffs, defendant Meleck is a businessman with full time professional commitments in New York County, New York. Defendant Meleck occupies his property in Columbia County on weekends and other occasions.
Page 3
In or about mid-September 2011, Meleck "entered upon the de Ratafia property without warning or invitation and engaged de Ratafia and Ackroyd in conversation." During the course of this meeting, de Ratafia and Ackroyd requested that in the future, Meleck not enter upon their property unannounced as their view from their home to the street and the long drive was "obscured by thick forest and de Ratafia was concerned over the prospect of unseen thieves and wild animals approaching [his] home." Thereafter, Meleck sought out de Ratafia and Ackroyd's conversation and company on the de Ratafia property.
On Sunday, October 16, 2011, in the late afternoon, de Ratafia invited Meleck to visit the de Ratafia House for food and conversation. After Meleck accepted the foregoing invitation and stated that he could not drive because he had been drinking alcohol, de Ratafia picked up Meleck at Meleck's house and took him to the de Ratafia house. Meleck spent approximately four hours with de Ratafia and Ackroyd at their home. During the course of the late afternoon and early evening, de Ratafia and Ackroyd offered Meleck food and Meleck's choice of non-alcoholic and alcoholic beverages. Meleck continually helped himself to both food and several glasses of wine and requested several other helpings of liquors.
During the course of the evening, de Ratafia, Ackroyd and Meleck engaged in discussion relating to their respective heritage and background. During the visit de Ratafia told Meleck at some length that among other things: (a) de Ratafia's family is Jewish and had been decimated by the Nazis during the Holocaust; (b) his surviving family had been dispossessed and had been relegated to itinerant travel in Europe and internment in refugee camps; (c) he spent several years in a displaced persons' camp and a Jewish orphanage together with other displaced Jewish and other ethnic minority Holocaust survivors; (d) after emigrating to the United States, in tandem
Page 4
with his work, de Ratafia and his elderly mother had become very active in the expatriate refugee community; (e) he cooperated with the Washington, D.C. Holocaust Museum by providing photographs of his family's experience after the Nazis displaced and persecuted his family; and (f) he had financially supported the restoration of Jewish cemeteries desecrated by the Nazis after the invasion of Poland.
During the visit, de Ratafia also showed Meleck a large framed photo collage depicting various stages of de Ratafia's life, his family's experience and scattering after the Holocaust, including photographs of parents, children and relatives murdered by the Nazis and survivors along with their Polish saviors. During the visit, Meleck actively engaged de Ratafia and Ackroyd in discussion of the Holocaust and volunteered that his family was partially of Jewish heritage. During the visit, de Ratafia and Meleck also discussed their mutual enjoyment of antique cars and interest in a local film festival. Meleck mentioned his interest in being introduced to female companions de Ratafia and Ackroyd might know. During the visit, Meleck asked for and was given a tour of the de Ratafia House.
de Ratafia drove Meleck to his home at approximately 9:00 p.m.. Upon arrival at Meleck's home, the lights were out and the area around Meleck's house was very dark. Thus, at Meleck's request, de Ratafia escorted Meleck to the door and assisted putting on the lights before departing. Meleck stated that he sometimes was uncomfortable at night alone in his house because it was isolated from other neighbors' properties and he feared intruders. After de Ratafia assisted Meleck in illuminating the house, Meleck asked de Ratafia in for a drink, but de Ratafia declined as Ackroyd was home alone, it was late and he wanted to return to his home and retire for the evening. Before de Ratafia returned to his car, Meleck thanked de Ratafia for his
Page 5
hospitality, said that he hoped to have de Ratafia and Ackroyd over to introduce them to some of Meleck's neighbors in Columbia County, gave de Ratafia his New York City residential and business contact information, and said he wanted to socialize with de Ratafia and Ackroyd in Manhattan, travel with de Ratafia to an upcoming antique car show and film festival, and meet eligible female companions through Ackroyd.
de Ratafia arrived at his house at approximately 9:15 p.m. and retired with Ackroyd at approximately 10:45 p.m. in an upstairs bedroom. At or about 11:15 p.m. while in bed with Ackroyd, de Ratafia heard noise outside the house. de Ratafia immediately went downstairs to investigate, saw one or more flashlights shining through the glass front door, heard no voices, had no knowledge who was outside, and did not see any vehicular or emergency lights or other indications that the person(s) were present with vehicles or had any legitimate purpose to be outside his door at that hour. de Ratafia screamed that the person(s) should leave the area immediately and that he was calling the police. de Ratafia yelled upstairs to Ackroyd to call the police. Ackroyd remained upstairs, unaware of the situation on the ground floor other than hearing de Ratafia yelling, and could not understand what de Ratafia was saying.
There was no response from the person(s) outside the de Ratafia house except that one or more of the persons began to bang on the door and turn the door handle. de Ratafia picked up an unloaded shotgun he kept in the de Ratafia House for protection from bears and yelled that the police had been summoned. de Ratafia kept the shotgun pointed away from the door at all times.
de Ratafia approached the front door with the shotgun pointing at the floor and again yelled that the person(s) outside the door should leave before the police arrived. One or more of the persons outside the front door shouted that de Ratafia should drop the shotgun. de Ratafia
Page 6
immediately placed the shotgun on the floor. In the next few seconds, the door flung open and three persons, whom de Ratafia still could not see clearly in the dark, immediately ran into the house. Although de Ratafia had already placed the shotgun on the floor before the door was forced open, one or more of the intruders shouted at de Ratafia to drop the gun and all three Intruders pointed guns at de Ratafia.
de Ratafia screamed that the shotgun was not loaded and warned again that the police had been summoned. As one of the intruders pointed a gun directly at de Ratafia and ordered him to lie on the floor, de Ratafia immediately attempted to comply, but two of the intruders grabbed de Ratafia, threw him to the floor, which is uncarpeted stone, and one of the intruders held a gun to de Ratafia while another placed his knee forcefully in de Ratafia's back as he lay on the floor. de Ratafia screamed that he was in pain and respiratory distress and asked that he be allowed to stand up but the intruders did not respond.
At that moment, Ackroyd approached the second floor landing in a state of undress and yelled for the intruders not to harm de Ratafia. At least one of the...
To continue reading
Request your trial