Tigano v. United States
Decision Date | 22 March 2021 |
Docket Number | 19-CV-3337 (PKC) (PK) |
Parties | Joseph TIGANO, III, Plaintiff, v. UNITED STATES of America, Terrance P. Flynn, in his individual capacity as the U.S. Attorney for the Western District of New York, William J. Hochul, Jr., in his individual capacity as the U.S. Attorney for the Western District of New York, John/Jane Doe #1, in his/her individual as an employee of the United States Marshals Service, and John/Jane Doe #2, in his/her individual capacity as an employee of the Court Reporters of the Western District of New York, Defendants. |
Court | U.S. District Court — Eastern District of New York |
Elise H. Langsam, Langsam Law LLP, New York, NY, for Plaintiff.
Seth D. Eichenholtz, Dara A. Olds, United States Attorneys Office, Brooklyn, NY, for Defendants.
This case arises out of the seven-year pre-trial detention of Plaintiff Joseph Tigano, III. On January 23, 2018, after ordering Plaintiff released, the Second Circuit issued a decision finding that his right to a speedy trial had been violated by this extraordinarily long pre-trial period. After the Circuit reversed Plaintiff's conviction, Plaintiff brought this suit under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674 et seq. , and Bivens v. Six UnKnown named Agents of Fed. Bureau of Narcotics , 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) (" Bivens "), against the United States of America, Terrence P. Flynn, and William J. Hochul, Jr., U.S. Attorneys for the Western District of New York (collectively, "Defendants").1 Defendants now move to dismiss Plaintiff's Amended Complaint. For the reasons set forth herein, the Court grants Defendants’ motion to dismiss.
The Amended Complaint, as well as the Second Circuit's decision in United States v. Tigano , 880 F.3d 602, 605–10 (2d Cir. 2018), details the extensive pre-trial history of Plaintiff's criminal case. The Court therefore assumes the parties’ familiarity with this history. In brief, however, Plaintiff and his father, Joseph Tigano, Sr., were arrested on July 11, 2008 at their home on charges related to a marijuana growing enterprise. (Am. Compl., Dkt. 14, ¶ 14.) Plaintiff was remanded into custody, while his father was subsequently released on bail. (Id. ¶¶ 15, 23.) Plaintiff insisted verbally on the record at multiple court conferences over the ensuing years that he desired a trial and did not waive his right to speedy trial. Nevertheless, his case faced delay after delay, including (non-exhaustively) the following:
On June 5, 2019, roughly a year-and-a-half after his release, Plaintiff filed this case, bringing a variety of Bivens and FTCA claims against Defendants. (See generally Complaint, Dkt. 1.) On August 19, 2019, Defendants filed a pre-motion conference letter seeking to dismiss the Complaint (Dkt. 10), and the Court held a pre-motion conference on October 11, 2019, at which it set a schedule for Plaintiff to file his amended complaint and for Defendants to file their motion to dismiss (10/11/19 Minute Entry). Plaintiff filed the Amended Complaint on October 29, 2019, alleging nine claims against the United States under the FTCA and six Bivens claims each against Defendants Flynn and Hochul, as well as against a John or Jane Doe employee of the USMS, and a John or Jane Doe employee of the Court Reporters of the Western District of New York, for a total of thirty-three claims. (Am. Compl., Dkt. 14, ¶¶ 70–281.) After several extensions, the instant motion to dismiss was fully briefed on May 29, 2020. (Dkts. 22–25.)
"A case is properly dismissed for lack of subject matter jurisdiction under [Federal Rule of Civil Procedure] 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States , 201 F.3d 110, 113 (2d Cir. 2000). "When a defendant moves to dismiss for lack of standing, our standard of review depends on whether the defendant brings a ‘facial’ challenge, ‘based solely on the allegations of the complaint’ or a ‘fact-based’ challenge, ‘proffering evidence beyond the [p]leading.’ " Sonterra Capital Master Fund Ltd. v. UBS AG , 954 F.3d 529, 533 (2d Cir. 2020) (quoting Carter v. HealthPort Techs., LLC , 822 F.3d 47, 56–57 (2d Cir. 2016) ). "In a fact-based challenge, a defendant must proffer evidence beyond what is alleged in or attached to the complaint." Amaya v. Ballyshear LLC , 340 F. Supp. 3d 215, 219 (E.D.N.Y. 2018) (citing Robinson v. Gov't of Malaysia , 269 F.3d 133, 140 n.6 (2d Cir. 2001) ). "In opposition to such a motion, the plaintiff[ ] will need to come forward with evidence of [his] own to controvert that presented by the defendant ...." Carter , 822 F.3d at 57. Or, a plaintiff "may...
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