563 F. App'x 92
2d Cir.2014Background
- Donofrio, a civilian NYPD employee, had a Florida concealed weapons permit that was suspended when he was arrested in July 2002.
- Jacoby, a NYPD captain, notified Florida authorities and confiscated Donofrio's permit in December 2002, sending it to Florida authorities.
- The Florida permit was returned to good standing in February 2003 after the charges were dismissed (certificate of disposition issued January 9, 2003).
- Donofrio filed a civil action alleging substantive due process, Fourth Amendment, and civil conspiracy claims against the City, NYPD officers, and others.
- The district court granted summary judgment for Jacoby and Paronich on the substantive due process claim and dismissed the rest; on appeal, the Second Circuit reviews de novo and considers waived or merits-based defenses.
- The court ultimately affirmed, holding the substantive due process claim failed and Doe-related Fourth Amendment and conspiracy claims were waived or failed on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the substantive due process claim was properly dismissed | Donofrio argues state action was egregious | Defendants contend no shocks-the-conscience conduct | Affirmed; claim inadequate to show shocking conduct |
| Whether Fourth Amendment and civil conspiracy claims were preserved and valid | Donofrio waived these claims by failing to argue them on appeal | Waiver and, if reached, claims fail on the merits | Waived and, alternatively, fail on the merits |
Key Cases Cited
- Okin v. Village of Cornwall-On-Hudson Police Dep’t, 577 F.3d 415 (2d Cir. 2009) (requires showing conduct shocks the conscience; burden on plaintiff)
- Carroll v. County of Monroe, 712 F.3d 649 (2d Cir. 2013) (balancing test for reasonableness of a Fourth Amendment seizure)
- Tennessee v. Garner, 471 U.S. 1 (Supreme Court 1985) (balancing government interests in seizures)
- Booking v. Gen. Star Mgmt. Co., 254 F.3d 414 (2d Cir. 2001) (discretion to consider issues raised but not reached)
- Droz v. McCadden, 580 F.3d 106 (2d Cir. 2009) (conspiracy claim requires underlying triable §1983 claim)
- Nagle v. Marron, 663 F.3d 100 (2d Cir. 2011) (summary judgment standard; draw inferences in favor of non-movant)
- Davis v. New York, 316 F.3d 93 (2d Cir. 2002) (summary judgment rules; evidence not conclusory)