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Stegemann v. Rensselaer Cnty. Sheriff's Office

Firm Scanning Property With Radar Not Involved With Excavations Violating Fourth Amendment

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DECISION & ORDER Before the Court is Defendant Subsurface Informational Surveys, Inc.’s (“Subsurface”) motion for summary judgment. See dkt. # 424. Also before the Court is Plaintiff’s motion for reconsideration of the Court’s order denying his motion for relief from collateral estoppel See dkt. # 425. The parties have briefed the issues and the Court has determined to decide the matter without oral argument. I. BACKGROUND This case concerns Plaintiff’s claims that various state and local entities in New York and Massachusetts violated his constitutional rights while searching his property from April 30, 2013 to May 2, 2013. Plaintiff filed an initial Complaint on January 8, 2015. See dkt. # 1. Since that time, the case has featured an extensive motion practice, an appeal and a remand, Amended Complaints, a number of decisions from this Court granting motions to dismiss from various parties, and additional motion practice. The claims remaining in this case allege that Defendants violated Plaintiff’s right to be free of unreasonable search and seizure when they engaged in a search that was unreasonably destructive. The Berkshire, Massachusetts, District Attorney’s Office retained Defendant Subsurface to survey and locate underground and/or buried contraband, money, and weapons on Plaintiff’s property at 138 Losty Road, Stephentown, New York. Defendant Subsurface’s Statement of Material Facts (“Subsurface Statement”), dkt. # 424-1, at

1-2.¹ Plaintiff alleges that Subsurface destroyed property located at the home on Losty Road. Id. at 2. Subsurface appeared on the property on a single date, May 2, 2013. Id. at 3. Subsurface produced a report of the radar survey the company made of the ground beneath certain parts of the Losty Road property. Id. at

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