Black Lives Matter, Jerlyne Calixte individually and as a member of Black Lives Matter, Vanessa Green individually and as a member of Black Lives Matter, Dominique McGregor individually and as a member of Black Lives Matter, Dr. Weldon McWilliams IV individually and as a member of Black Lives Matter, Everett Newton individually and as a member of Black Lives Matter,Plaintiffv.The Town of Clarkstown, Michael Sullivan individually and in his official capacity as Chief of Police of The Town of Clarkstown, Stephen Cole-Hatchard individually and in his official capacity as a Town of Clarkstown Police Sergeant and Director of The Strategic Intelligence Unit, John and Jane Doe individually and in their official capacities as Members of The Strategic Intelligence Unit for The Town of Clarkstown Police,Defendants
OPINION & ORDER Plaintiffs Black Lives Matter, Jerlyne Calixte, Vanessa Green, Dominique McGregor, Weldon McWilliams IV, and Everett Newton bring this action against Defendants Town of Clarkstown, Michael Sullivan individually and in his official capacity, and Stephen Cole-Hatchard individually and in his official capacity in the Amended Complaint (“Amended Complaint,” ECF No. 28). Plaintiffs claim that they are entitled to relief pursuant to 42 U.S.C. §1983 for Defendants’ violations of the First and the Fourteenth Amendments.1 Defendants each move to dismiss Plaintiffs’ Amended Complaint under Federal Rules of Civil Procedure Rules 12(b)(1) and 12(b)(6) (ECF Nos. 40,43, & 48). The Court will address the motions together in this Opinion. For the following reasons, Defendants’ motions are GRANTED in part and DENIED in part.BACKGROUNDThe following facts are derived from the Amended Complaint or matters of which the Court may take judicial notice and are accepted as true for the purposes of this motion.On or about April 17, 2013, County of Rockland and Defendant Clarkstown entered into an inter-municipal agreement to form the Rockland County Intelligence Led Policing and Prosecution Center (“SIU”) to “monitor, collect and share data regarding criminal activity as authorized by the Omnibus Crime Act, 28 CFR Part 23 et seq. and the Constitutions of the United States and the State of New York.”2 (Compl.18.) Starting as early as January 2015, with the knowledge and consent of Defendant Sullivan as the Chief of Police and Defendant Cole-Hatchard as the SIU director, the SIU “engaged in unlawful surveillance of African American groups, the Rockland County Sheriff, a Clarkstown Town Judge, and citizens of the County of Rockland, solely based upon these individuals’ race, social and/or political positions.” (Id.
