Mark A. Beilby Sr., as Administrator for the Estate of Mark A. Beilby, Jr. v. Jeffrey Miller

CourtDistrict Court, N.D. New York
DecidedMarch 11, 2026
Docket6:23-cv-00328
StatusUnknown

This text of Mark A. Beilby Sr., as Administrator for the Estate of Mark A. Beilby, Jr. v. Jeffrey Miller (Mark A. Beilby Sr., as Administrator for the Estate of Mark A. Beilby, Jr. v. Jeffrey Miller) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark A. Beilby Sr., as Administrator for the Estate of Mark A. Beilby, Jr. v. Jeffrey Miller, (N.D.N.Y. 2026).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MARK A. BEILBY SR., as Administrator for the Estate of Mark. A. Beilby, Jr., Plaintiff, 6:23-CV-328 (AJB/CBF) -v-

JEFFREY MILLER,

Defendant.

Hon. Anthony Brindisi, U.S. District Judge:

DECISION and ORDER

I. INTRODUCTION On March 13, 2023, plaintiff Mark Beilby Sr. (“plaintiff”), acting as Administrator for the Estate of Mark A. Beilby, Jr., filed this action under 42 U.S.C. § 1983 and state law against the State of New York and New York State Police Trooper Justin Miller (“Miller”), who was initially named erroneously as “Jeffrey Miller.” This suit arises out of the tragic death of plaintiff’s son, Mark A. Beilby Jr. (the “decedent”), on December 22, 2021. Plaintiff alleges that, on that date, Miller unlawfully shot and killed the decedent while responding to a domestic incident at the decedent’s mother’s residence. Dkt. No. 1. Plaintiff initially asserted a § 1983 claim for excessive force and state law claims for negligence and battery against Miller and the State of New York. Id. Thereafter, plaintiff voluntarily dismissed his claims against the State of New York, Dkt. No. 20, and the parties conducted a period of discovery on plaintiff’s claims against Miller. On July 31, 2025, Miller moved for summary judgment on plaintiff’s claims, arguing primarily that he is entitled to qualified immunity from plaintiff’s federal and state law claims. Dkt. No. 53-13. The motion was fully briefed, Dkt. Nos. 56, 58, and the Court heard oral argument on January 16, 2026. Decision was reserved. II. BACKGROUND Pursuant to Local Rule 56.1, the following facts are drawn from the parties’ statements of

material facts and the attached exhibits and are undisputed unless otherwise noted. A. Miller’s Background with the New York State Police Miller joined the New York State Police in 2016. Dkt. No. 57 (“Pl.’s Add’l SMF”)1 ¶ 6. As part of his training, Miller completed a six-month police academy, followed by two and a half months of field training. Dkt. No. 53-1 (“Mahoney Decl.”), Exh. A, Dkt. No. 53-22 (“Miller Dep.”) at 23–24, 33. The police academy trained Miller in the use of firearms and instructed him on the law pertaining to the use of force—including the use of deadly force. Id. at 24. After Miller graduated from the police academy, he was assigned to Troop C. Id. at 23. Miller participated in annual refresher training on the use of force and re-qualified yearly to use his division-issued firearm. Id. at 21, 31–33.

B. Past Interaction with the Decedent Miller was familiar with the decedent prior to December 22, 2021, the date of the subject incident. Dkt. No. 53-12 (“Def.’s SMF”) ¶ 13. Earlier that year, Miller gave the decedent a “courtesy transport” from the New York State Police barracks to town court. Id.; Pl.’s Add’l SMF ¶ 17. The decedent was not under arrest or in custody at the time of the transport, and Miller did not know why he had been at the barracks. Pl.’s Add’l SMF ¶¶ 17–18. Miller

1 Although plaintiff’s responses to Miller’s statement of material facts and plaintiff’s statement of additional material facts are contained in the same document, the Court cites plaintiff’s responses to Miller’s statement of material facts as “Pl.’s Resp. SMF” and plaintiff’s statement of additional material facts as “Pl.’s Add’l SMF” to avoid any confusion. 2 Pagination to the exhibits corresponds to the electronically generated CM/ECF headers. recalled that the decedent was quiet during the ten-mile ride. Id. ¶¶ 20–21. After that, Miller had no contact with the decedent until the incident. Id. at 22. At some point between the courtesy transport and the date of the incident, Miller learned that the decedent had assaulted state trooper Rosalita Flowers (“Flowers”).3 Pl.’s Add’l SMF

¶ 23. According to Miller, either Flowers or someone else told him that the decedent struck and injured Flowers during an altercation. Miller Dep. at 56–57. Sometime prior to the incident Miller had also become aware “that ‘there had been multiple mental health calls involving [the decedent].’” Pl.’s Add’l SMF ¶ 30 (quoting Miller Dep. at 62).4 C. December 22, 2021 At 6:00 p.m. on December 22, 2021, Miller started a 12-hour shift. Pl.’s Resp. SMF ¶ 16. At around 7:00 p.m. that “evening[,] . . . Miller . . . was dispatched to a call regarding a domestic

dispute at 3 Lyons Street, Unadilla, New York, following a 911 call.” Miller Dep. at 65; Def.’s SMF ¶ 1. The dispatcher indicated that someone involved in the dispute had a knife. Pl.’s Add’l SMF ¶ 33. Miller was by himself in his marked patrol vehicle when he received the dispatch. Miller Dep. at 67. He had his division-issued firearm and a taser with him, both affixed to his duty belt. Def.’s SMF ¶¶ 14–15. The dispatcher directed Miller and another state trooper, Laura Hoffman (“Hoffman”), to respond to the residence. Pl.’s Add’l SMF ¶ 34. According to Miller, it was customary for two cars to be dispatched to a domestic dispute. Miller Dep. at 73–74.

3 Flowers has also been referred to as “Rosalie Flower” and “Rosalie Flowers.” See Def.’s SMF ¶ 12; Miller Dep. at 58; Mahoney Decl., Ex. B, Dkt. No. 53-3 (“Johnson Dep.”) at 26. 4 Defendant’s statement of material facts details another earlier incident involving the decedent that resulted in a mental health commitment pursuant to New York Mental Hygiene Law § 9.41. Def.’s SMF ¶¶ 8–11. But, as plaintiff points out, Miller testified that he had no knowledge of the particulars of that incident. Miller Dep. at 62– 63. Miller was the first to arrive on scene. Miller Dep. at 73–74. After exiting his patrol vehicle, he spoke with Maureen Leblanc (“Leblanc”), the decedent’s mother, and Christopher Craft (“Craft”), a friend of Leblanc’s, outside the residence. Def.’s SMF ¶ 3; Pl.’s Add’l SMF ¶ 37. Craft told Miller that the decedent was inside the residence with a butter knife. Mahoney Decl., Ex. G, Dkt. No. 53-8 (“Miller BWC”)5 at 19:15:19–22; Pl.’s Add’l SMF ¶ 37. Craft also

made reference to the decedent’s mental health status, and Miller indicated that he was familiar with the decedent. Miller BWC at 19:15:21–22; Pl.’s Add’l SMF ¶ 48. Leblanc approached the two and told Miller that he “might want to get in there” because the decedent was inside the residence “cutting himself up” with a steak knife. Miller BWC at 19:15:24–34; Def.’s SMF ¶ 5; Pl.’s Add’l SMF ¶¶ 37, 44. Craft added that, before Miller arrived, he had to “knock [the decedent] down” once and Leblanc tried to hold the decedent down. Miller BWC at 19:15:40– 19:15:45; Pl.’s Add’l SMF ¶ 38. Leblanc also informed Miller that the decedent had been in a “facility” in Oneonta, but that the workers there allowed him to leave. Miller BWC at 19:15:46–53. Then, she provided

Miller with a key to her apartment, which was located on the first floor of the residence. Pl.’s Add’l SMF ¶ 43. At some point, Miller was also made aware that the decedent was alone inside the apartment. Id. ¶ 44. Initially, Miller expressed concern that he may “stir” the situation by “barging in,” but after considering “the totality of the situation, [he] determined that it was not the safest action to wait for backup.” Miller Dep. at 72. Holding his police-issued firearm, Miller unlocked the door and leaned into the living room area of Leblanc’s apartment, where he encountered the decedent,

5 Pinpoint citations to Miller’s body worn camera footage correspond with the timestamp superimposed on the upper right-hand corner of the footage. who was standing in front of a doorway at the far end of the adjacent kitchen. Def.’s SMF § 20°; Miller BWC 19:17:32-36. The following screenshot, excerpted from Miller’s body worn camera footage, depicts the moment when Miller entered the apartment and encountered the decedent:

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Mark A. Beilby Sr., as Administrator for the Estate of Mark A. Beilby, Jr. v. Jeffrey Miller, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-a-beilby-sr-as-administrator-for-the-estate-of-mark-a-beilby-jr-nynd-2026.