Perros v. County of Nassau

238 F. Supp. 3d 395, 2017 WL 728711, 2017 U.S. Dist. LEXIS 26283
CourtDistrict Court, E.D. New York
DecidedFebruary 24, 2017
DocketCV 15-5598
StatusPublished
Cited by22 cases

This text of 238 F. Supp. 3d 395 (Perros v. County of Nassau) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perros v. County of Nassau, 238 F. Supp. 3d 395, 2017 WL 728711, 2017 U.S. Dist. LEXIS 26283 (E.D.N.Y. 2017).

Opinion

MEMORANDUM AND ORDER

WEXLER, District Judge:

Before the Court is the Defendants’ motion to dismiss Plaintiffs’ First Amended Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs oppose the motion. For the following reasons, Defendants’ motion is granted in part and denied in part.

BACKGROUND

The relevant facts can be summarized as follows: Plaintiffs, Alexander Perros (“Perros”), Thomas Delle (“Delle”), Nicholas Lenoci (“Lenoci”), Victor Patalano (“Patalano”), Ronald Lanier (“Lanier”) and Ibrahim Zahran (“Zahran”) (collectively, “Plaintiffs”), are all former Corrections Of-[399]*399fleers or Deputy Sheriffs who were employed by the Nassau County Sheriffs Department (the “Sheriffs Department”) for a number of years before retiring on disability due to injuries suffered in the course of their duties as Sheriffs Department employees. Following their retirement, Plaintiffs each applied to the Sheriffs Department for a “good guy letter,” which would allow them to possess and carry pistols as retirees. Plaintiffs’ applications for good guy letters were all denied by Defendant Sheriff Michael Sposato (“Sposato”), on the grounds that Plaintiffs were injured and/or disabled for medical reasons at the time of their retirement.

Plaintiffs commenced this putative class action on September 28, 2015, and amended their Complaint, as of right, on November 9, 2015. The First Amended Complaint alleges that Defendants violated Plaintiffs’ 2nd Amendment, due process and equal protection rights under 42 U.S.C. § 1983. Plaintiffs further allege that Defendants discriminated against them on the basis of disability in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132, and the Rehabilitation Act, 29 U.S.C. § 794. Finally, Plaintiffs assert a claim for municipal liability, as well as state law claims for gross negligence and tortious interference with prospective contractual advantage.

Defendants move to dismiss Plaintiffs’ First Amended Complaint in its entirety, pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons discussed below, the Court finds that Plaintiffs’ First Amended Complaint fails to state a claim for violation of their due process and Second Amendment rights. In addition, the Court finds that Plaintiffs have failed to state a claim for disability discrimination, and tortious interference with prospective contractual advantage and gross negligence. The Court finds, however, that Plaintiffs have met their burden with respect to their equal protection and municipal liability claims.

DISCUSSION

I. Legal Standard

“To survive a motion to dismiss [pursuant to Rule 12(b)(6)], a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible oh its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “Facial plausibility” is achieved when the “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). As a general rule, the court is required to accept as true all of the allegations contained in the complaint, see Iqbal, 556 U.S. at 678, 129 S.Ct. 1937; Kassner v. 2nd Ave. Delicatessen, Inc., 496 F.3d 229, 237 (2d Cir. 2007), and to “draw[] all reasonable inferences in the plaintiffs favor.” Troni, 2010 U.S. Dist. LEXIS 79670, at *5 (quoting In re NYSE Specialists Sec. Litig., 503 F.3d 89, 95 (2d Cir. 2007)).

However, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements ... are not entitled to the assumption of truth.” Iqbal, 556 U.S. at 678-79, 129 S.Ct. 1937 (citation omitted); see also Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (stating that the Court is “not bound to accept as true a legal conclusion couched as a factual allegation”). “While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations,” which state á claim for relief. Iqbal, 556 U.S. at 679, 129 S.Ct. 1937. A complaint that “ten[400]*400ders ‘naked assertion[s]’ devoid of ‘further factual enhancement’ ” will not suffice. Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955).

II. The NCPD and NCSD are not Suable Entities

As Defendants correctly point out in their motion, and Plaintiffs concede in their opposition, Defendants Nassau County Police Department and Nassau County Sheriffs Department are not sua-ble entities. It is well-established that “[u]nder New York law, departments that are merely administrative arms of a municipality do not have a legal identity separate and apart from the municipality and, therefore, cannot sue or be sued.” Davis v. Lynbrook Police Dep’t, 224 F.Supp.2d 463, 477 (E.D.N.Y. 2002) (citing cases). Accordingly, the Nassau County Police Department and the Nassau County Sheriffs Department are hereby dismissed from this action.

III. The Due Process and Second Amendment Claims

Plaintiffs allege that they each have a protected property and/or liberty interest in a firearms license—and, by extension, the good guy letter—which was denied by Defendants without due process of law, in violation of 42 U.S.C. § 1983.

1, Procedural Due Process

“A procedural due process claim is composed of two elements: (1) the existence of a property or liberty interest that was deprived and (2) deprivation of that interest without due process.” Bryant v. N.Y. State Educ. Dep’t, 692, F.3d 202, 218 (2d Cir. 2012) (citing Narumanchi v. Bd. of Trustees, 850 F.2d 70, 72 (2d Cir. 1988)). To establish deprivation of a property interest, a plaintiff must demonstrate an interest “in a benefit that is ‘more than an abstract need or desire for it ... [He] must, instead, have a legitimate claim of entitlement to it’ under state or federal law in order to state a § 1983 claim.” Finley v. Giacobbe, 79 F.3d 1285, 1296 (2d Cir. 1996) (quoting Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972)).

“[A] benefit is not a protected entitlement if government officials may grant or deny it in their discretion.” Town of Castle Rock v.

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Bluebook (online)
238 F. Supp. 3d 395, 2017 WL 728711, 2017 U.S. Dist. LEXIS 26283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perros-v-county-of-nassau-nyed-2017.