Danielle Lucia D’Addona v. Town of Cortlandt, et al.

District Court, S.D. New York·Decided July 22, 2026·No. 1:25-cv-05812·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DANIELLE LUCIA D’ADDONA, Plaintiff, ORDER OF SERVICE -against- 7:25-CV-5812 (PMH) TOWN OF CORTLANDT, et al., Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff Danielle Lucia D’Addona, of Ossining, New York, brings this action pro se asserting claims under 42 U.S.C. §§ 1983, 1985, and under state law, seeking damages, injunctive relief, and declaratory relief. The Court grants her motion for leave to file a second amended complaint (Doc. 11). See Fed. R. Civ. P. 15(a)(2); Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010) (the “special solicitude” due pro se litigants includes, among other things, “relaxation of the limitations on the amendment of pleadings”). Accordingly, Plaintiff’s proposed second amended complaint (Doc. 10, “SAC”) is the operative pleading for this action.1 0F0F Plaintiff’s second amended complaint names the following municipality and individuals as Defendants: (1) the Town of Cortlandt (“TOC”); (2) Sergeant Rokicki, a member of the Westchester County Police Department (“WCPD”); (3) WCPD Police Officer Osterman; (4) unidentified WCPD Police Officer “Jane Doe #2”; (5) Judge Kimberly E. Ragazzo, a Town Justice of the TOC Justice Court; (6) Judge Livia Rodrguez, another Town Justice of the same

1 The Court denies Plaintiff’s motion for leave to file an amended complaint (Doc. 7) as unnecessary. See Fed. R. Civ. P. 15(a)(1) (a party may file an amended pleading once as a matter of course without leave under certain circumstances). court; and (7) unidentified “Defendant District Attorney (John Doe #3),” who is the “[p]rosecuting attorney for the [TOC] Court, responsible for actions against Plaintiff.”2 (SAC at 1-2). 1F1F In addition to damages, Plaintiff seeks: (1) the return of her seized vehicle (or a replacement or alternative transportation); (2) a declaration that Defendants have violated her constitutional and statutory rights; (3) the quashing of TOC Justice Court-issued warrants and a “prohibiti[on] [of] further retaliation”; (4) costs, litigation expenses, and attorneys’ fees; (5) the Court’s ordering of the responsible parties “to undergo comprehensive retraining and policy review”; (6) the “immediate dismissal and withdrawal of all related matters currently pending”; and (7) any other relief deemed just and proper. (Id. at 4). In addition to the relief sought in her second amended complaint, Plaintiff has filed “a motion for injunctive relief and stay of state court proceedings”3 2F2F (Doc. 8) and a “status request and motion to expedite initial review and service” (Doc. 14). The Court construes Plaintiff’s second amended complaint as asserting claims under Sections 1983 and 1985 against all of the Defendants named in that pleading, as well as claims under state law against the police Defendants (Rokicki, Osterman, and WCPD Police Officer “Jane Doe #2”). By order dated September 17, 2025, the court granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis (“IFP”). For the reasons set forth in this order, the Court dismisses Plaintiff’s claims under Sections 1983 and 1985 against the TOC, Judges Ragazzo

2 Plaintiff’s motion for leave to file a second amended complaint includes “Westchester County Actors” as an additionally named defendant. (Doc. 11 at 1). A subsequently filed letter by Plaintiff includes the WCPD as another additionally named defendant. (Doc. 12). The Court will only, however, contemplate those Defendants named in the second amended complaint. (SAC at 1-2). 3 Plaintiff asks this Court, in that motion, to: (1) stay Plaintiff’s pending TOC Justice Court proceedings arising from her April 8, 2025 arrest; (2) enjoin the judge Defendants “from issuing or enforcing further bench warrants or competency orders against Plaintiff”; (3) direct the Defendants to immediately release Plaintiff’s vehicle without fines, fees, or other conditions; and (4) grant any other relief the Court deems proper. (Doc. 8 at 3). and Rodriguez, and the unidentified “Defendant District Attorney.” The Court directs service on Defendants Rokicki and Osterman, and directs the Westchester County Attorney to provide to Plaintiff and to the Court the identity, badge number, and service address of unidentified Defendant WCPD Police Officer “Jane Doe #2.” Other than Plaintiff’s motion for leave to file a second amended complaint, which the Court has granted, for the reasons set forth in this order, the Court

denies all of Plaintiff’s pending motions filed in this action. STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to

raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits—to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure (“Rule 8”), which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. Rule 8 requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Id. But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of action,” which are essentially just legal conclusions. Id. (citing Twombly, 550 U.S. at 555). After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts

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Danielle Lucia D’Addona v. Town of Cortlandt, et al., (S.D.N.Y. 2026).

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