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Stafford v. Inc. Vill. of Sag Harbor

Dismissal of First Amendment, Due Process Claims Against Officer, Town Explained

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MEMORANDUM AND ORDER   Plaintiff Bruce Stafford (“Plaintiff”) brings this action pursuant to 42 U.S.C. §1983 against Defendants the Incorporated Village of Sag Harbor (“Sag Harbor”, the “Village”, or the “Village of Sag Harbor”), Thomas Gardella (“Gardella”), the Town of Southampton (“Southampton”, the “Town”, or the “Town of Southampton”), and Andrew Blodorn (“Blodorn”). (Compl., ECF No. 1). The Town and Blodorn (together, the “Southampton Defendants”) move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 23). For the reasons that follow, the motion is granted. BACKGROUND Plaintiff was at all relevant times a volunteer member of the Sag Harbor Fire Department (the “SHFD” or the “Department”). (Compl. 17). Blodorn was another volunteer with the SHFD, as well as a full-time officer of the Southampton Town Police Department (“STPD”) in nearby Southampton. (Id.

4, 18). Plaintiff’s complaint is extraordinarily difficult to comprehend, weaving back and forth between multiple, seemingly disconnected episodes and describing them outside of chronological order. However, it appears that his underlying grievance centers on two particular incidents, both of which occurred in March 2016. First, Plaintiff alleges that, on or about March 20, 2016, Blodorn, while in police uniform, verbally confronted and “cursed” at Plaintiff in the presence of Plaintiff’s teenage child. (Compl.

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