624 F.Supp.3d 150
N.D.N.Y.2022Background
- On March 9, 2021, Washington County sheriff's deputies, acting on a letter from local licensing officer Judge Kelly McKeighan, seized two pistols registered to Tony and Tammy Trello and suspended Tammy Trello’s pistol license.
- The suspension followed a recommendation/notification from Undersheriff John Winchell regarding Tammy Trello’s shoplifting-related charges.
- Tammy Trello pled guilty in April 2021 to a disorderly conduct violation; she and Tony sought return of the firearms thereafter.
- McKeighan ordered return of the guns on August 27, 2021; the WCSO returned them on September 20, 2021. Plaintiffs filed suit alleging violations of the Second Amendment and Fourteenth Amendment procedural due process and sought declaratory/injunctive relief and nominal damages.
- Defendants (Judge McKeighan in his official capacity; Sheriff Jeffrey Murphy and Undersheriff Winchell) moved to dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6).
- The district court granted both motions and entered judgment for defendants, dismissing all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eleventh Amendment bars official-capacity claims against McKeighan | McKeighan acted as a local licensing officer (not in judicial capacity); plaintiffs seek nominal damages and declaratory/injunctive relief | McKeighan is a judge performing licensing duties; Eleventh Amendment immunity bars damages and retrospective declaratory relief; only prospective relief under Ex parte Young may proceed | Dismissed: McKeighan entitled to Eleventh Amendment immunity for official-capacity claims; no live prospective relief because guns/license matter resolved |
| Whether seizure/retention violated Mr. Trello’s Second Amendment rights | Confiscation and continued possession of jointly owned guns infringed Mr. Trello’s right to bear arms | WCSO defendants merely executed a judicial order; no personal involvement in license revocation; lacked plausible personal role | Dismissed: Plaintiffs failed to plausibly allege WCSO defendants’ personal involvement; claim against McKeighan moot because guns returned |
| Whether revocation/retention violated Mrs. Trello’s Second Amendment rights after her conviction/plea | Continued deprivation of her firearms and non-return of her license violated her Second Amendment rights | McKeighan had statutory/judicial authority to suspend/revoke a pistol license; after plea the licensing officer could act; suspension lawful | Dismissed: McKeighan acted within judicial authority to suspend/revoke; Plaintiffs failed to state a Second Amendment violation |
| Whether plaintiffs were denied procedural due process (no notice/hearing) | Plaintiffs received no pre-deprivation notice or hearing before license suspension and firearm seizure | New York Article 78 provides adequate post-deprivation remedy; plaintiffs failed to pursue that statutorily available process | Dismissed: Plaintiffs failed to state a claim because Article 78 was an adequate remedy and they did not timely use it |
| Whether WCSO defendants are individually liable / entitled to qualified immunity | Plaintiffs allege supervisory direction and policy caused deprivation | WCSO officers executed a court order and reasonably believed their conduct lawful; no personal initiation of license action | Dismissed: No plausible personal involvement; alternatively, qualified immunity protects WCSO defendants |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard: factual allegations must plausibly suggest liability)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard articulated)
- Ex parte Young, 209 U.S. 123 (1908) (permits prospective relief against state officers for ongoing violations)
- Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 (1993) (Eleventh Amendment bars judgments declaring past violations by state officers)
- Libertarian Party of Erie Cnty. v. Cuomo, 970 F.3d 106 (2d Cir. 2020) (discusses Eleventh Amendment protection for state officers)
- Bach v. Pataki, 408 F.3d 75 (2d Cir. 2005) (wide discretion of licensing officer to revoke/suspend pistol permits)
- Ciambriello v. County of Nassau, 292 F.3d 307 (2d Cir. 2002) (elements for § 1983 procedural due process claim)
- Tenenbaum v. Williams, 193 F.3d 581 (2d Cir. 1999) (qualified immunity analysis for officers executing orders)