431 F.Supp.3d 130
W.D.N.Y.2019Background
- Pro se plaintiff Christopher Kochan operates CatCountyCorruption.com and published critical articles about local Cattaraugus County officials (Rieman, Koch, Reynolds). In June 2016 those three submitted complaints to his website host, resulting in a temporary suspension.
- On February 27, 2016, while driving to Little Valley, Kochan alleges he was followed by an Ellicottville police cruiser (Officer Cori Kowalski) and a Cattaraugus County deputy (William J. Hunt); a pursuit ensued.
- Kowalski and Hunt allegedly boxed in Kochan, Kowalski drew a pistol and shot out Kochan’s car window, then Kowalski and Hunt pulled Kochan from the vehicle, threw him to the pavement, and stomped on him, causing head injuries and unconsciousness.
- Kochan was later charged with traffic offenses and misdemeanor DWI; blood tests allegedly showed he was not intoxicated.
- Procedural posture: multiple defendants moved to dismiss. Court denied dismissal as to Kowalski and Hunt on excessive-force claims; granted dismissal as to Rieman, Koch, and Reynolds for § 1985 conspiracy and § 1983 First Amendment retaliation (dismissals without prejudice given pro se status). Clerk directed to terminate the three defendants; Kowalski and Hunt must answer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force by Kowalski | Kowhan alleges Kowalski shot out his window, pulled him out, threw him, and stomped him | Kowalski argued probable cause/other defenses and moved to dismiss | Motion denied; complaint plausibly pleads an excessive-force claim against Kowalski |
| Excessive force & failure to intervene by Hunt | Alleged Hunt aided/participated in violent removal, throwing to pavement, and stomping | Hunt argued force was reasonable, no failure-to-intervene, and claimed qualified immunity | Motion denied as to Hunt: allegations sufficiently plausible to survive 12(b)(6); qualified immunity not resolved at this stage |
| § 1985(3) conspiracy (false complaints to host) | Kochan alleges Rieman, Koch, Reynolds conspired to deprive his First Amendment rights by filing false complaints | Defendants argued insufficient allegations of class-based animus and other §1985 elements | Dismissed: plaintiff failed to allege a protected-class motivation or other required elements |
| First Amendment retaliation / § 1983 (acting under color of state law) | Kochan contends the three defendants retaliated by filing complaints while "at work" | Defendants contended their complaints were private acts to host, not state-action; on-duty status alone insufficient | Dismissed: plaintiff did not plead acts under color of state law or that defendants invoked official power when submitting complaints |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (legal conclusions not entitled to assumption of truth)
- DiFolco v. MSNBC Cable LLC, 622 F.3d 104 (materials court may consider on Rule 12(b)(6))
- Tracy v. Freshwater, 623 F.3d 90 (factors for Fourth Amendment excessive-force inquiry)
- Mickle v. Morin, 297 F.3d 114 (objective-reasonableness standard for arrests)
- Maxwell v. City of New York, 380 F.3d 106 (serious injury not required to survive excessive-force claims)
- Coggins v. Buonora, 776 F.3d 108 (qualified immunity framework)
- Britt v. Garcia, 457 F.3d 264 (elements of § 1985(3) deprivation clause)
- Jews for Jesus, Inc. v. Jewish Community Relations Council of New York, 968 F.2d 286 (§ 1985(3) requires class-based animus)
- Jordan v. Fischer, 773 F. Supp. 2d 255 (failure-to-intervene liability standard)