Tillman v. Sitek
1:24-cv-00239
W.D.N.Y.Apr 11, 2025Background
- Plaintiff Garrien Tillman brought a civil rights suit under 42 U.S.C. § 1983 against Niagara Falls police officers following a September 22, 2022, encounter.
- Plaintiff alleged constitutional violations during his interaction with four named officers: Sitek, General, Mazur, and Grzewkowski.
- Defendants moved to dismiss the complaint for failure to state a claim.
- In response, Plaintiff sought permission to amend his complaint to add additional defendants and clarify allegations.
- The Magistrate Judge recommended denying the motion to dismiss and allowing the amended complaint as to the original and some newly proposed defendants, but not all.
- Both parties objected to parts of the Magistrate Judge's recommendations, triggering de novo review by the District Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to dismiss should be denied | Complaint alleges sufficient facts for relief | Complaint is insufficient; should be dismissed | Denied; complaint stands |
| Whether Plaintiff should be allowed to amend complaint | Amendment clarifies claims/adds necessary parties | Amendment is untimely/impermissible as to some parties | Granted in part; denied as to Restaino, Fordy, Ligammari |
| Dismissal of claims against Defendant Mazur | Sufficient allegations against Mazur | No claim against Mazur | Denied; claims remain |
| Dismissal of certain claims against Defendants General and Grzewkowski | Allegations relate to constitutional violations | Claims based on prior occurrence or lack adequate facts | Denied; claims remain |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (1985) (clarifies a district court's discretion to review or not review unobjected portions of a magistrate judge's recommendation)
