Riverhead Park Corp. v. Cardinale
881 F. Supp. 2d 376
E.D.N.Y2012Background
- RPC, Blumenstein, and Oxman sue Town of Riverhead and several officials under §1983 and §1985 for conspiracy and due process/equal protection rights.
- Thomas, Town Attorney, moves for summary judgment to dismiss claims against her personally.
- SWOs issued Oct 4, 2004 and Oct 5-7, 2004; Barnes signed SWOs as Building Administrator with Thomas signing on his behalf.
- Zoning change to Business Center approved Oct 12, 2004; dispute over whether Farmland Preservation Committee review was required.
- State Action filed Oct 22, 2004; TRO issued; later rulings dismissed the action for lack of Town Board authorization; bankruptcy and parcel sale occurred in 2010.
- Present action filed Oct 3, 2007; plaintiffs seek §1983/1985 relief; motions to amend address additional state-law and §1983 malicious-prosecution claims; plaintiff requests late notice-of-claim relief which is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal involvement of Thomas | Thomas personally issued/signed SWO | Thomas acted as Barnes’s agent signing on his behalf | Thomas not personally involved; summary judgment granted |
| Amendment to add state-law malicious prosecution | Late notice should be excused to permit amendment | Late notice not excused; accrual date and timeliness fatal | Amendment denied as futile; late notice of claim denied |
| Amendment to add §1983 malicious-prosecution claims | Claims arise under §1983 due process | Malicious-prosecution claims require Fourth Amendment basis | Denied as futile; no valid §1983 malicious-prosecution theory stated |
| Withdrawal of conspiracy and equal-protection claims | Need to preserve some claims | Unopposed removal of those claims advisable | Claims withdrawn/eliminated as to conspiracy and equal protection |
Key Cases Cited
- Twombly, Bell Atl. Corp. v. 5 South Street, 550 U.S. 544 (U.S. 2007) (pleading requires plausible claims not merely conceivable facts)
- Albright v. Oliver, 510 U.S. 266 (U.S. 1994) (Fourteenth Amendment due process insufficient for §1983 malicious prosecution absent Fourth Amendment violation)
- Washington v. County of Rockland, 373 F.3d 310 (2d Cir. 2004) (declines to allow §1983 malicious-prosecution claims without Fourth Amendment basis)
- Rohman v. New York City Transit Auth., 215 F.3d 208 (2d Cir. 2000) (to sustain §1983 malicious-prosecution action, must show post-arraignment Fourth Amendment injury)
- Murphy v. Lynn, 118 F.3d 938 (2d Cir. 1997) (malicious-prosecution claims require Fourth Amendment linkage)