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Keeney v. Brinkman

Rights Suit Dismissed; No State Action; State, Employer Not 'Intertwined' Beyond Funding

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DECISION AND ORDERINTRODUCTION

*1 Plaintiff Michael Keeney brings this action against Defendant Patricia Brinkman, in her individual and official capacities, for alleged violations of the First Amendment (pursued under 42 U.S.C. §1983) and Article I, §8 of the New York State Constitution. See ECF No. 1.Plaintiff filed his Complaint on February 23, 2016. ECF No. 1. On May 5, 2016, Defendant Brinkman filed her Answer, ECF No. 11, and then-defendants Joseph Woodward and Housing Options Made Easy, Inc. (“HOME”) filed their joint Answer, ECF No. 12. The next day, Defendant Brinkman filed an Amended Answer. ECF No. 13. On March 2, 2017, the Court issued a Stipulation and Order dismissing the claims against then-defendants Mr. Woodward and HOME with prejudice, ECF No. 21, pursuant to the agreement of the parties, ECF No. 20. Defendant Brinkman — the only remaining defendant — filed a Motion for Summary Judgment on August 14, 2017. ECF No. 23. Plaintiff submitted a Memorandum in Opposition on October 16, 2017, ECF No. 26, and Defendant Brinkman filed her Reply on November 2, 2017, ECF No. 27.For the reasons that follow, Defendant Brinkman’s Motion for Summary Judgment (ECF No. 23) is GRANTED, and this action is DISMISSED.

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