790 F. Supp. 2d 34
E.D.N.Y2011Background
- Ferrari was arrested in May 2009 for alleged DWI-related offenses; Suffolk County impounded his Ferrari under County Code 270-26 pending a post-seizure hearing.
- The initial post-seizure hearing, held June 9, 2009, was halted because Justice DiNoto believed Ferrari had to appear in person; the hearing was adjourned for nearly three months.
- At the Sept. 1, 2009 hearing, the County urged that Ferrari testify about hardship and argued shifts in burden; the hearing proceeded with the County presenting evidence while Ferrari offered none.
- Justice DiNoto ultimately ruled that the County should retain the vehicle pending forfeiture, without addressing all Krimstock/Canavan prongs and with several legal misstatements by the County and the court.
- In June 2010, Ferrari pled guilty to the underlying charges; in Sept. 2010, Ferrari filed a § 1983 action alleging procedural and substantive due process violations by Suffolk County, its attorney Christine Malafi, and John Does 1-10.
- The complaint claims a policy and practice of not applying Krimstock and § 270-26 properly, including requiring personal appearance and shifting the burden to show hardship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ferrari pleads procedural due process violation | Ferrari alleges Krimstock/270-26 were misapplied and hearing vindicated by delayed/erroneous procedures. | County contends proper hearing procedures were followed and no due process violation occurred. | Plaintiff states procedural due process violation against County; against Individual Defendants, issues remain. |
| Whether Ferrari pleads substantive due process violation | County’s misstatements of law and arbitrary decisions show conscience-shocking conduct. | Substantive due process not met, Krimstock framework suffices and errors were not cognizable. | Plaintiff states substantive due process violation against County; not against individuals at this stage. |
| Whether Monell liability attaches to Suffolk County | Suffolk County knowingly trains and permits officers to violate Krimstock; widespread practice shown. | Monell claim is unproven due to lack of detailed training evidence. | Monell claim against Suffolk County survives; municipal liability denied only for individual defendants. |
| Whether Malafi, individually, can be liable | Malafi personally empowered or ratified the improper hearings; pleaded sufficient conduct. | No specific conduct tying Malafi to the violations; claims fail for plausibility. | Claims against Malafi are dismissed without prejudice for failure to plead personal involvement. |
| Whether John Does 1-10 can be liable | John Does contributed to the policy/ training defects; potential remedial discovery | No factual basis tying John Does to violations; allegations too vague. | Claims against John Does are dismissed without prejudice; leave to replead with discovery. |
Key Cases Cited
- Krimstock v. Kelly, 306 F.3d 40 (2d Cir. 2002) (requires prompt post-seizure hearing with criteria for retention)
- Canavan, 1 N.Y.3d 134 (N.Y. 2003) (recognizes public safety interest but limits retention to necessity to preserve for forfeiture)
- County of Nassau v. Canavan, 1 N.Y.3d 134 (N.Y. 2003) (retention as a rational means to public safety, but not if other measures suffice)
- Amnesty America v. Town of West Hartford, 361 F.3d 113 (2d Cir. 2004) (pleading standards for monocular municipal liability are lenient at pleading stage)
- Nnebe v. Daus, 644 F.3d 147 (2d Cir. 2011) (post-deprivation remedies and due process concerns in practice of hearings)
- Daniels v. Williams, 474 U.S. 327 (U.S. 1986) (substantive due process covers arbitrary government action)
- Sulehria v. City of New York, 670 F.Supp.2d 288 (S.D.N.Y. 2009) (unconstitutional acts may render municipality liable as policy)
- United States v. James Daniel Good Real Property, 510 U.S. 43 (U.S. 1993) (addressing due process in civil forfeiture context)
- First American Real Estate Solutions, 261 F.3d 179 (2d Cir. 2001) (reaffirmed Krimstock-related principles (in context cited))