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Ficklin v. Rusinko

Claims Over Arrest, Body Cavity Search Can Be Reviewed Only by State's Court of Claims

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DECISION AND ORDERINTRODUCTION  Plaintiff Terrick Ficklin (“Plaintiff”) commenced this action on April 20, 2018, alleging that Parole Officers Douglas Rusinko (“P.O. Rusinko”) and Carl Jason (“P.O. Jason”) unlawfully arrested him and subjected him to an unwarranted and illegal body cavity search in order to obtain information about crimes unrelated to his parole status. (Dkt. 1). Plaintiff also alleges that Parole Officer Kathryn VanDusen (“P.O. VanDusen”) unlawfully arrested him on a separate occasion without a warrant. (Id. at 15-16). Plaintiff asserts claims against P.O. Rusinko, P.O. Jason, and P.O. VanDusen (collectively, “Defendants”) under the Federal and New York State Constitutions, 42 U.S.C. §1983, the New York Civil Rights Law, and New York common law. (Id. at 7-17). Presently before the Court is Defendants’ motion to dismiss for failure to state a claim. (Dkt. 5). For the following reasons, Defendants’ motion is granted in part and denied in part.BACKGROUNDThe following facts are drawn from Plaintiff’s Complaint unless otherwise indicated and are assumed true for purposes of this motion. (Dkt. 1). On April 22, 2015, Plaintiff, who had been released on parole supervision, received a telephone call from P.O. Rusinko, who requested information about “another person supervised” by the New York State Division of Parole (the “Division”). (See id. at

3, 10-11). At the time he received the call, Plaintiff was in a convenience store to purchase several items. (Id. at10). Sataira Carter (“Carter”), Plaintiff’s girlfriend, arrived at the convenience store shortly thereafter, and exited the driver’s side of the vehicle to greet Plaintiff. (Id. at

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