Weinstein v. Krumpter

120 F. Supp. 3d 289, 2015 U.S. Dist. LEXIS 108169, 2015 WL 4879741
CourtDistrict Court, E.D. New York
DecidedAugust 17, 2015
DocketNo. 14-cv-7210(ADS)(AKT)
StatusPublished
Cited by4 cases

This text of 120 F. Supp. 3d 289 (Weinstein v. Krumpter) 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
Weinstein v. Krumpter, 120 F. Supp. 3d 289, 2015 U.S. Dist. LEXIS 108169, 2015 WL 4879741 (E.D.N.Y. 2015).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

This case involves a constitutional challenge to the Nassau County Police Department’s policy of confiscating firearms in the course of responding to domestic incidents.

Presently before the Court is a motion by the Plaintiff Marc W. Weinstein (the “Plaintiff’ or “Weinstein”), seeking a preliminary injunction preventing, during* the pendency of this action, the Nassau County Police Department from retaining possession of or destroying firearms that it confiscated from his home; from confiscating or destroying the firearms of similarly situated individuals; and from continuing its firearm confiscation policy in the future.

For the reasons set forth herein, the motion is-denied.'

I. Background

On December 10, 2014, the Plaintiff commenced this action against the Defendants the Nassau County Police Department (the “Department” or “NCPD”), Acting. NCPD Commissioner Thomas Krumpter (“Krumpter”), NCPD Chief Steven E. Skrynecki (“Skrynecki”), NCPD First Precinct Commanding Officer Daniel P. Flanagan (“Flanagan”), NCPD Officer James B. Malone (“Malone”), and NCPD Officer and Investigator Paul Cappy (“Cappy”). Weinstein asserted claims under 42 U.S.C. §§' 1983, 1985 and 1988, arising from alleged deprivations of his First, Second, Fourth, Fifth, and Fourteenth Amendment rights.

On January 8, 2015, the Plaintiff filed an Amended Complaint, which added the County of Nassau (the “County”) as a Defendant. Throughout this Opinion, the County, the Department, Krumpter, Skry-necki, Flanagan, Malone, and Cappy will collectively be .referred to as the “Defendants.”

On February 25, 2015, the Plaintiff filed the instant motion pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) [292]*29265, seeking a preliminary injunction and the relief outlined above.- -

On April 11, 2015, the Plaintiff, with leave of the Court, filed a Second Amended Complaint.

The following facts are drawn from the Second Amended Complaint and any evidence submitted in support of the instant motion.

A. The Factual Allegations Relating to Weinstein

On February 25, 2014, Weinstein was at his home, which is located at 781 Jefferson Street in Baldwin, New York. He allegedly got into an argument with his-adult son, Abraham. According to Weinstein, the two shouted at one another, but there was no violence, no threats of violence, and no brandishing of weapons. Nevertheless, Zoila Watson-Weinstein (“Zoila”), -the Plaintiffs wife, called the police,-

In support of his motion, the Plaintiff annexed a notarized letter written by Zoi-la, but he fails to specify the intended recipient of the letter. There is no addressee indicated on the letter and it is directed “[t]o whom it may concern.” The letter states as follows:

While on the call [with the 911 operator] I remember stating that something brown was brought downstairs. I think the 911 operator asked if there were guns on the premises and I stated that there were. However, [a]t no point and time did I ever say "that a gun was pointed'at me or my son.

The Defendant Malone and another unidentified NCPD officer responded to1 the call. The Plaintiff alleges that, upon arriving at the residence, the officers discovered that the incident between Weinstein and his son had been peaceably, resolved. However, Malone allegedly requested to view the Plaintiffs New York State Pistol License. Weinstein complied. The Second -Amended .Complaint fails ,to specify the amount or type of firearms Weinstein possessed at.the premises.at-the time in question. However, Malone allegedly requested that Weinstein voluntarily surrender 'his firearms,' but Weinstein refused.

At this , time; Malone and his fellow officer left the premises without making any arrests:

Approximately three hours later, Malone allegedly returned with four unidentified NCPD officers. ’ According to the Plaintiff, the officers were armed and acted under color of law. This time, Malone demanded that Weinstein surrender his pistol license and firearms. Allegedly, the officers threatened to arrest the Plaintiff for “menacing” and other unspecified criminal charges if he refused to comply.

■ Weinstein opened his gun safe and surrendered an unspecified number and type of firearms that he.alleges were legally owned. He claims to have doné so under duress and without giving his consent.

According to the Plaintiff, it is the policy of the NCPD to confiscate firearms in the course of responding to domestic disturbance calls, irrespective of the nature or severity of the allegedly disturbing activity. In support of this allegation, Wein-stein claims to rely on “the Nassau County Police Website.” See PI. Memo of Law at 3. However, the website to which he refers is entitled “NYJosh.com,” which expressly states as follows:

This site is NOT in any way associated with the Nassau county Police Dept. or the Government of Nassau County or the State of New York. This page is provided as a public service and is not intended as a substitute for actual research on the laws of the County.- of Nassau and/or the State of New York.

[293]*293A portion of this unofficial website reads as follows:

DOMESTIC VIOLENCE
The policy of the Nassau County Police Department is to take a proactive stance against domestic violence. Therefore, upon notification of any domestic situation requiring police intervention, the Police Department will require the surrender of the pistol license and all firearms of any involved licensee. The license and firearms will be returned only after a thorough investigation reveals that there are no compelling reasons for continuing the suspension. The issuance of an Order of Protection naming the licensee as the respondent will result in the immediate suspension of a license and surrender of firearms. The license will remain suspended until the order expires or is vacated, and a thorough investigation is completed.

The website identifies the source of this passage as “Pistol License Information Handbook ... [f]rom the Nassau County Police Department (March 1999).” A copy of the 1999 NCPD Pistol. License Handbook was not provided to the Court.

However, a more recent version of the Handbook, which was revised in August 2014, was provided and contains the following similar language:

The policy of the Nassau County Police Department is to take a proactive stance against domestic violence, specifically to protect victims of domestic violence, enforce laws and prevent future violence. Therefore, upon notification of any domestic situation where violence is threatened or alleged to have occurred or upon notification of the existence of a volatile domestic situation, the Nassau County Police Department will require the surrender of the pistol license and firearm(s) as ivell as rifles and shotguns of any involved licensee pending an investigation into the facts and circumstances of the domestic incident and ongoing domestic relations of the licensee and dther involved party(ies). Nassau Coun-tjy Police Department policy requires an investigation before -reinstatement- of the -pistol license can be authorized.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

A.T. v. Harder
298 F. Supp. 3d 391 (N.D. New York, 2018)
Brooks v. Roberts
251 F. Supp. 3d 401 (N.D. New York, 2017)
V.W. ex rel. Williams v. Conway
236 F. Supp. 3d 554 (N.D. New York, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
120 F. Supp. 3d 289, 2015 U.S. Dist. LEXIS 108169, 2015 WL 4879741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinstein-v-krumpter-nyed-2015.