Yorzinski v. Imbert

39 F. Supp. 3d 218, 2014 WL 3891286, 2014 U.S. Dist. LEXIS 108849
CourtDistrict Court, D. Connecticut
DecidedAugust 7, 2014
DocketNo. 3:13-cv-01029 (MPS)
StatusPublished
Cited by10 cases

This text of 39 F. Supp. 3d 218 (Yorzinski v. Imbert) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yorzinski v. Imbert, 39 F. Supp. 3d 218, 2014 WL 3891286, 2014 U.S. Dist. LEXIS 108849 (D. Conn. 2014).

Opinion

MEMORANDUM OF DECISION

MICHAEL P. SHEA, District Judge.

Plaintiff Henry J. Yorzinski, Jr. (“Plaintiff’), who proceeds pro se, brings this action for damages and other relief against New Haven Police Officer Jeffrey Fletcher (“Fletcher”), Federal Protective Service (FPS) Inspector James Imbert (“Imbert”), and private security supervisor Joseph Carlino (“Carlino”) for an alleged violation of his Federal and state constitutional rights arising from his attempt to carry a firearm into the Giamo Federal Building in New Haven. Only Imbert and Carlino were served; therefore, the claim against Fletcher was dismissed [Dkt. #46] under Fed.R.Civ.P. 4(m) for failure to serve within 120 days of filing the Complaint. Im-bert and Carlino have moved to dismiss under Rule 12(b)(6). Because Carlino, as a private actor, cannot be liable for Federal or state constitutional torts, his Motion to Dismiss [Dkt. # 28] is GRANTED. Because Imbert is protected from any claim under the Second Amendment by the doctrine of qualified immunity, Imbert’s Motion to Dismiss that claim is GRANTED. Because questions of fact remain as to some of Plaintiffs Fourth Amendment claims against Imbert, his Motion to Dismiss [Dkt. # 34] is DENIED with respect to two of those claims and GRANTED with respect to the remaining Fourth Amendment claim. Because Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), which allows certain constitutional tort actions to be brought against federal officials, does not authorize injunctive relief, Plaintiffs claims for injunctive' relief are dismissed.

Factual Background

Plaintiffs Amended Complaint alleges the following facts. On August 19, 2011, while carrying a firearm, Plaintiff attempted to enter the Giamo Federal Building on Court Street in New Haven, Connecticut to apply for Social Security disability benefits. (Am. Compl. § C at 2.) The Court takes judicial notice that the Federal [221]*221Building houses the local offices of various federal agencies, including the Social Security Administration (SSA).1 Because he was carrying a firearm, Plaintiff was denied access to the building. (Id.) Plaintiff then “retuned [sic] to [his] vehicle (motorcycle) and stored [his] firearm.” (Id.) Plaintiff does not describe how or where he stored his firearm outside the building. (See id.) He then re-entered'the Federal Building, passed through-the metal detector, and approached Imbert, at which time he was “placed under arrest” by Imbert. (Id.) At this point, Carlino “interrogated” him and “threatened [him] with immediate incarceration by [the New Haven Police Department], [five] years in a federal prison for violating [18 U.S.C. § 930], along with a ‘comprehensive’ search of [his] home and the confiscation of [his] firearm collection.” (Id.)

The Amended Complaint refers to attached “Supporting Facts” and appends documents including Fletcher’s New Haven Police Department incident report (“Fletcher Report”) and an FPS report that appears to have been prepared by Imbert (“Imbert Report”).2 The Imbert Report states that when Plaintiff re-entered the building, he “became agitated[ ] and started ranting that his [S]econd [A]mendment rights were being violated by him not being able to bring his gun into the building, he became more outraged, and loud to the point [that] the others in the lobby were concerned.” (Imbert Report at 2.) Imbert asked Plaintiff what type of firearm he had tried to bring into the building, to which Plaintiff responded that it was a “loaded and cocked” black Colt .45-caliber handgun. (Id.) When Plaintiff was asked where he had put the firearm, he responded, “off of your property[.]” (Id.)

After Plaintiff was “released” ten minutes later, he took the elevator to the SSA’s office. (Am. Compl. § C at 2.) Plaintiff alleges that while he was in the SSA office, Imbert and Carlino left the Federal Building and' walked “approximately 100 yards” to what they assumed was Plaintiff’s motorcycle and conducted a search of the motorcycle. (Id.) Imbert and Carlino then found a firearm (Plaintiff does not specify where) and alerted the New Haven Police Department. (Id.)

The Imbert Report notes that while searching the immediate area of Plaintiffs motorcycle, Imbert recovered a Colt .45-caliber handgun “next to two air conditioning compressors stuffed into a potato chip bag.” (Imbert Report at 2.) According to Fletcher’s report, the gun contained a fully loaded magazine and one round in the chamber. (Fletcher Report at 3.)

Fletcher, “along with Imbert and Carli-no,” then went back inside the Federal Building and arrested Plaintiff while he was speaking with a Social Security agent. (Am. Compl. § C at 2.) Fletcher searched Plaintiffs person and informed Plaintiff that he would be issued a summons for reckless endangerment. (Id.) Fletcher then confiscated Plaintiffs Connecticut Permit to Carry Pistols and Revolvers (id.), and charged Plaintiff with violating Conn. Gen.Stat. § 53a-63 (reckless endan[222]*222germent, a misdemeanor); § 29—371 (“[responsibilities re storage of loaded firearms”), § 53a-217a (criminally negligent storage of a firearm, a Class D felony); and § 53a-180aa (first-degree breach of peace, a Class D felony) (Fletcher Report at 5-6). Plaintiff was later issued a United States District Court Violation Notice charging him with disorderly conduct, which carried a total fee of $175. (Am. Compl. § C at 3.)

Plaintiff alleges that the acts of each defendant were “intentional and inspired by malice” and have caused him emotional distress and the loss of (1) personal property, (2) his Connecticut pistol permit, and (3) “the Constitutional rights herein described.” (Id.) In addition to damages, he seeks injunctive relief in the form of an order requiring each defendant to send a letter to the Connecticut Commissioner of Public Safety, or other appropriate authority, “explaining in detail their UNLAWFUL acts that resulted in the revocation of my permit and strongly recommending the reinstatement of the plaintiffs CT state pistol permit.” (Id.)

DISCUSSION

Legal Standard

A motion to dismiss challenges the sufficiency of the complaint. On a motion to dismiss under Rule 12(b)(6), the court must determine whether the complaint states “enough facts to state a claim for relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The court accepts all of the complaint’s factual allegations as true, but disregards those that are conclusory as well as any legal conclusions. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Plaintiff must “plausibly suggest,” not merely allege, that he is entitled to relief. Id. at 679-80, 129 S.Ct. 1937. “[Pjleadings of a pro se

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Cite This Page — Counsel Stack

Bluebook (online)
39 F. Supp. 3d 218, 2014 WL 3891286, 2014 U.S. Dist. LEXIS 108849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yorzinski-v-imbert-ctd-2014.