Van Patten v. City of Binghamton

• Decision Date: 18 April 2001
• Docket Number: No. 3:00-CV-1104.,3:00-CV-1104.
• Parties: James VAN PATTEN, Plaintiff, v. The CITY OF BINGHAMTON; Stephen Jensen, Dog Commissioner; Vicki Bugonian, Dog Shelter Manager, Defendants.
• Court: U.S. District Court — Northern District of New York

137 F.Supp.2d 98

James VAN PATTEN, Plaintiff, v. The CITY OF BINGHAMTON; Stephen Jensen, Dog Commissioner; Vicki Bugonian, Dog Shelter Manager, Defendants.

No. 3:00-CV-1104.

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

April 18, 2001.

COPYRIGHT MATERIAL OMITTED

Law Office of Timothy A. Clune, Albany NY, for plaintiff, Timothy Clune, of counsel.

City of Binghamton, Corporation Counsel, Binghamton NY, for defendants City of Binghamton and Stephen Jensen, Gregory Poland, of counsel.

Law Office of James A. Sacco, Binghamton, NY, for defendants City of Binghamton and Stephen Jensen, James A. Sacco, of counsel.

Broome County Law Department, Binghamton, NY, for defendant Vicki Bugonian, Sharon Carberry, of counsel.

MEMORANDUM — DECISION & ORDER

McAVOY, District Judge.

Plaintiff James Van Patten commenced the instant action pursuant to 42 U.S.C. § 1983 alleging violations of his Fourth and Fourteenth Amendment rights arising out of Defendants' euthanizing his dog. Presently before the Court are: (1) Defendant Bugonian's motion for abstention and/or partial summary judgment; (2) Defendant City of Binghamton and Jensen's motion for abstention; and (3) Plaintiff's cross-motion for partial summary judgment.

I. BACKGROUND

Plaintiff was the owner of a mixed breed dog named Shadow.¹ On or about May 30, 2000, Plaintiff's grandson was walking Shadow on a leash nearby an animal clinic. At that same time, James Shelvin was leaving the clinic with his dog. Shadow got away from Plaintiff's grandson, grabbed the other dog around the neck, and knocked the other dog to the ground. Eventually, Plaintiff's grandson was able to pull Shadow off of the other dog.

Shelvin filed a report with the City of Binghamton Police Department. The City of Binghamton (the "City") took Shadow into custody. The City Court ordered that a hearing be held to determine whether Shadow was a dangerous dog. Shadow remained in custody pending the hearing.

On Friday, June 9, 2000, at ten o'clock in the morning, Plaintiff appeared with counsel, Michael Baker, Esq., at the hearing. Also present were Defendant Stephen Jensen, the hearing officer; Larry Martin, City of Binghamton Dog Warden; and James Shelvin, the owner of the dog attacked by Shadow. After the hearing, Jensen reserved decision.

Later that same day, Jensen issued a decision providing that "as of Friday, June 9, 2000, the Front Street Dog Shelter is granted authority to humanely euthanize [Shadow] ... pursuant to Section 4-23 of the City of Binghamton Code of Ordinances and Sections 118 and 374 of the [N.Y.Agric. & Mkts. Law]". Plaintiff was ordered to pay the costs reasonably expended by the shelter "in connection with the care and maintenance of this dog, as well as the additional amount it costs the shelter to euthanize the dog." At approximately 11:45 a.m., the City Clerk faxed a copy of the decision to Defendant Vicki Bugonian, Dog Shelter Manager for Broome County, New York. Copies of the decision were mailed to Plaintiff and his attorney.² According to Brian Hill, dog control officer for the City of Binghamton, he personally served a copy of Jensen's decision upon Plaintiff between noon and 2:00 p.m. Plaintiff denies having received a copy of Jensen's decision on June 9.

At approximately 4:30 p.m. on that same day, June 9, 2000, Bugonian telephoned Plaintiff and informed him that she was going to euthanize Shadow pursuant to Jensen's decision. Plaintiff became very emotional and pleaded with Bugonian not to euthanize his dog. Sometime thereafter, between the hours of 4:45 and 6:00 p.m. on June 9, 2000, Bugonian euthanized Shadow.

Baker, the attorney representing Plaintiff at the hearing, received a copy of Jensen's decision on June 12, 2000. He then commenced preparations to file an appeal on Plaintiff's behalf. The next day, June 13, 2000, Baker learned that Shadow had already been euthanized. Baker, thus, discontinued his efforts of filing an appeal believing it to be moot.

Plaintiff then commenced the instant action against Defendants pursuant to 42 U.S.C. § 1983 claiming violations of his Fourth and Fourteenth Amendment rights. Presently before the Court are Defendants' motion that the Court abstain from adjudicating this matter and/or summary judgment and Plaintiff's cross-motion for partial summary judgment.

II. DISCUSSION

A. Summary Judgment Standard

In addressing the pending motions, the Court will apply the familiar standard for summary judgment, which need not be restated here. Roman v. Cornell Univ., 53 F.Supp.2d 223, 232-33 (N.D.N.Y.1999); Phipps v. New York State Dep't of Labor, 53 F.Supp.2d 551 (N.D.N.Y.1999); Riley v. Town of Bethlehem, 44 F.Supp.2d 451, 458 (N.D.N.Y.1999).

B. Younger Abstention

Defendants first contend that this Court should abstain from adjudicating Plaintiff's § 1983 claims based upon the Supreme Court's decision in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its progeny. Younger abstention is rooted in principles of comity and was designed to recognize a "proper respect for state functions." New Orleans Public Serv., Inc. v. Council of New Orleans, 491 U.S. 350, 109 S.Ct. 2506, 2516, 105 L.Ed.2d 298 (1989) (quoting Younger, 91 S.Ct. at 750, 91 S.Ct. 746.) ("NOPSI").

"Under Younger and its progeny, a federal court should abstain from exercising jurisdiction where three factors are present: (1) there is an ongoing state ... proceeding; (2) the claim raises important state interests; and (3) the state proceedings provide an adequate opportunity to raise the constitutional claims." Schlagler v. Phillips, 166 F.3d 439, 442 (2d Cir.1999).

1. Ongoing State Proceedings

Plaintiff never appealed Jensen's decision through a proceeding pursuant to N.Y.C.P.L.R. Art. 78, although he had the opportunity to do so. Kirschner v. Klemons, 225 F.3d 227, 234 (2d Cir.2000). As the Supreme Court has noted, "a party may not procure federal intervention by terminating the state judicial process ... foregoing the state appeal to attack the trial court's judgment in federal court." NOPSI, 109 S.Ct. at 2518-19. Because Plaintiff had the opportunity to present his constitutional claims to the state courts via a proceeding pursuant to N.Y.C.P.L.R. Art. 78, Younger and its progeny require that he have availed himself of these avenues of relief. NOPSI, 109 S.Ct. at 2518-19. Thus, the Court finds there were ongoing state court proceedings.

2. The Claim Raises Important State Interests

Plaintiff does not challenge whether the state has an important interest in regulating dogs.

3. Whether the State Proceedings Provide an Adequate Opportunity to Raise the Constitutional Claims

It would appear to have been futile for Plaintiff to have challenged Jensen's determination after the dog had been euthanized. A successful appeal would have been, in large part, meaningless. Notwithstanding this, the state courts, through an Article 78 proceeding challenging Jensen's determination, could have addressed any of Plaintiff's claims challenging the City's initial detention of Shadow, the procedures afforded Plaintiff during the course of the dangerous dog hearing, and the basis for Jensen's determination. Thus, to the extent Plaintiff seeks declaratory or injunctive relief regarding the City's seizure of dogs and the process it affords dog owners during the dangerous dog hearings, such claims are barred by Younger.³

In addition to seeking injunctive relief, Plaintiff seeks monetary damages. As the Second Circuit has stated:

When money damages, as opposed to equitable relief, are sought, it is less likely that unacceptable interference with the ongoing state proceeding, the evil against which Younger seeks to guard, would result from the federal court's exercise of jurisdiction. Accordingly, we have held that abstention and dismissal are inappropriate when damages are sought, even when a pending state proceeding raises identical claims for declaratory and injunctive relief.... Accordingly, regardless of the inapplicability or applicability of any exception, we hold that Younger abstention is not appropriate with respect to [Plaintiff's] claim for money damages under § 1983 ... because it is a claim for money damages and not for declaratory or injunctive relief.

Kirschner, 225 F.3d at 238; see Yamaha Motor Corp., USA v. Stroud, 179 F.3d 598, 603-04 (8th Cir.1999) ("When monetary damages are sought in addition to injunctive relief and the federal court is not asked to declare a state statute unconstitutional in order to award damages, the case should not be dismissed.").

Because Plaintiff is not challenging the constitutionality of the N.Y.AGRIC. & MKTS. LAW or the Binghamton City Code (the "Code"), he is challenging Defendants' actions that deprived him of his right to judicial review, and he is seeking monetary damages, Younger does not require dismissal. Further, because there is no actual ongoing state court proceedings, there is no reason to stay this matter.

Also, as in Kirschner, "the other prerequisites for Younger abstention ... [are] not ... met ... because it is highly unlikely that [Plaintiff] could bring his § 1983 claim for money damages against [Defendants] in an Article 78 proceeding." 225 F.3d at 238. First, as previously discussed, the County Defendants likely would not have been proper parties to an Article 78 proceeding. Second, monetary damages in an Article 78 proceedings are only recoverable if they are incidental to the primary relief sought. Id. For the reasons articulated in Kirschner, the unavailability of money damages in an Article 78 proceeding precludes application of Younger abstention.

For these reasons, Defendants' motion for abstention is granted in part and denied in part. The Court will abstain from adjudicating any claims for declaratory or injunctive relief regarding the City's seizure of dogs or the manner in which the City affords hearings to dog owners. The Court will not abstain from entertaining Plai...