444 F.Supp.3d 437
E.D.N.Y2020Background
- Plaintiff Lambert Henry, an African-American retired NYC corrections officer, was served with an ex parte Family Court temporary order of protection (Oct. 2014); deputies entered his home (allegedly without a warrant or consent) and seized his handguns; the order was dismissed on the return date but the handguns were not returned.
- Henry held a Nassau County pistol license (NYPL §400.00(2)(f)); the County’s Pistol License Section revoked his pistol license (notice dated Oct. 12, 2016) citing domestic-incident history; Henry’s administrative appeal was denied (Jan. 24, 2018).
- Henry alleges (TAC) a County policy/practice: extra‑judicial firearm confiscations on service of family court orders, treating license revocations as a bar to all firearm ownership (including longarms), a 5‑year debarment after revocation, and a disparate impact on non‑white communities.
- Henry purchased a shotgun after passing a NICS check (July 19, 2017) but fears he cannot take possession because of the pistol revocation and County practice.
- Procedural posture: Defendants moved to dismiss the Third Amended Complaint under Rule 12(b)(6). The Court granted the motion in full, dismissing all federal claims and entering judgment for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment claim — revocation/confiscation and loss of longarm possession | Henry alleges the County’s policies and enforcement (confiscation at service of protection orders; construing NYPL §400.00(11) to bar all firearm ownership after pistol revocation) deny his Second Amendment rights. | County argues there is no constitutional right to a pistol license; NYPL §400.00(11) authorizes revocation/surrender/removal of firearms and permits revocation at any time; actions serve public safety. | Dismissed. Court assumed Second Amendment protection but applied intermediate scrutiny and found County’s interpretation/enforcement of §400.00(11) substantially related to important public safety/domestic‑violence interests; no plausible Second Amendment violation alleged. |
| Monell municipal-liability claim | Henry alleges County custom/policy caused constitutional violation (discriminatory or broad firearm‑deterrent policy). | County argues no underlying constitutional violation and no municipal liability. | Dismissed. Monell claim fails because Court found no constitutional violation. |
| 42 U.S.C. § 1981 racial‑discrimination claim | Henry alleges the pistol‑licensing program has a disparate impact on minorities and that the County intended to deter gun ownership especially in non‑white communities. | County contends plaintiff pleads no intentional racial discrimination and §1981 covers contractual rights, not licensing here. | Dismissed. Plaintiff failed to allege purposeful racial discrimination or a causal link; disparate‑impact data alleged was conclusory and lacked context. |
| Claims vs. Nassau County Police Department; punitive damages and fees | Plaintiff sued the Police Department and sought punitive damages and attorneys’ fees. | Defendants note the Police Department is an administrative arm of the county (not suable); punitive damages not recoverable against municipalities; fees depend on prevailing party status. | Dismissed with prejudice as to Police Department (not suable); punitive damages unavailable against the County; no attorneys’ fees because plaintiff did not prevail. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausibility and legal conclusions)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard; plausibility framework)
- District of Columbia v. Heller, 554 U.S. 570 (recognizing an individual right to possess firearms for lawful purposes, including home defense)
- McDonald v. City of Chicago, 561 U.S. 742 (applying the Second Amendment to the states via the Fourteenth Amendment)
- Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. 2012) (intermediate scrutiny applied to New York’s ‘proper cause’ concealed‑carry regime)
- New York State Rifle & Pistol Ass'n v. City of New York, 883 F.3d 45 (2d Cir. 2018) (Second Circuit framework for assessing firearm regulations)
- Weinstein v. Krumpter, 386 F. Supp. 3d 220 (E.D.N.Y. 2019) (district court decisions upholding County interpretation/administration of §400.00 in similar contexts)
- Torcivia v. Suffolk County, 409 F. Supp. 3d 19 (E.D.N.Y. 2019) (finding seizure/retention policy related to domestic‑violence prevention)
- City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (municipalities not liable for punitive damages under §1983)
- Segal v. City of New York, 459 F.3d 207 (Monell requires an underlying constitutional violation)
- Faber v. Metropolitan Life Ins. Co., 648 F.3d 98 (2d Cir. 2011) (standard on drawing inferences at pleading stage)
- In re Elevator Antitrust Litig., 502 F.3d 47 (2d Cir. 2007) (plausibility standard discussion)