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Lara-Grimaldi v. County of Putnam

Claimant Does Not Explain How Guards, Deemed Immune, Interfered with Family Relationship

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OPINION & ORDER  Nancy Lara-Grimaldi (“Plaintiff”), individually and as Administratrix of the Estate of Alexandra Grimaldi (“Grimaldi”), brings the instant Action against, among others, the County of Putnam (“Putnam County”), Putnam County Sheriff Donald Smith (“Smith”), Correction Officer (“CO”) Angela McGoorty (“McGoorty”), CO Richard Greagor (“Greagor”), CO Anthony Colello (“Colello”), and CO Trudy Giampaolo (“Giampaolo”) (collectively, “Moving Defendants”), alleging that Moving Defendants denied her Fourteenth Amendment right of familial association with Grimaldi. (See Second Am. Compl. (“SAC”) (Dkt. No. 67).)1 Before the Court is Moving Defendants’ partial Motion To Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”). (Not. of Mot. (Dkt. No. 58).) For the reasons that follow, the Motion is granted. I. BackgroundA. Factual HistoryThe Court assumes familiarity with the alleged facts of the case, as described in detail in a prior Opinion & Order (the “Opinion”) issued on March 29, 2018. (See Opinion 3-8 (Dkt. No. 43).) The Court recounts only those allegations, drawn from the Second Amended Complaint, necessary for consideration of the instant Motion. The alleged facts are assumed true for the purpose of resolving the instant Motion.In 2012, “Grimaldi began struggling with an opioid addiction,” (SAC27), and was thereafter arrested multiple times in Putnam County for heroin possession, (id.

28-29). On October 27, 2015, Grimaldi was arrested and charged with violating the terms of her probation, possession of a hypodermic needle, and criminal possession of marijuana in the fourth degree. (Id.

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