OPINION & ORDER Plaintiffs Robert Reed (“Reed”) and Nicole Nazario (“Nazario”; together, “Plaintiffs”) bring this Action, pursuant to 42 U.S.C. §1983 and New York state law, against the County of Westchester (the “County”), Westchester County Department of Correction (“WCDOC”), Commissioner Joseph K. Spano (“Spano”), and ten John Does (collectively, “Defendants”). (See Am. Compl. (“AC”) (Dkt. No. 12).) Plaintiffs allege that their former colleague Corrections Officer Edward Quinoy (“Quinoy”) shot and injured them with a gun that Quinoy was permitted to possess because of his employment for WCDOC. (Id.) Plaintiffs claim that Defendants were negligent and that Quinoy acted consistent with Defendants’ policy of tolerating and promoting violence, including domestic violence. (Id.) Before the Court is Defendants’ Motion To Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Not. of Mot. (Dkt. No. 18).) For the reasons that follow, the Motion is granted. I. Background A. Factual Background The following facts are taken from Plaintiffs’ Amended Complaint, (AC), and are assumed to be true for the purpose of deciding the Motion. Quinoy became a corrections officer for WCDOC in August 2008. (Id. 17.) When their work identification card permits it, WCDOC corrections officers can acquire a 9-millimeter caliber firearm pursuant to N.Y. Penal Law §265.20. (Id.
17, 34.) Quinoy applied for and was denied a permit for a personal firearm in Rockland County. (Id. 34.) However, through his employment as a corrections officer, Quinoy obtained a 9-millimeter Sig Sauer P938, serial # 52B086785. (Id.) Quinoy was required to report this acquisition to WCDOC. (Id.) Years before the incident that precipitated the instant Action, Quinoy dated Jane Doe, the daughter of Stephany Doe, a corrections officer for WCDOC. (Id. 18.) Quinoy and Jane Doe began their relationship in 2010. (Id.) In the summer of 2011, Quinoy was involved in a physical altercation with Jane Doe’s ex-boyfriend. (Id. 19.) In October 2011, Quinoy physically assaulted Jane Doe at her home, dislocating Jane Doe’s jaw and knocking out her front tooth. (AC 20.) On May 10, 2012, Jane Doe went to the Peekskill Police Department to file a Domestic Incident Report, and reported that Quinoy would not leave her alone and had showed up at her house to see if she was dating someone else. (Id. 21.) In October 2012, Quinoy physically abused Jane Doe inside her home, including punching her, causing bruising and chest contusions. (Id. 22.) In November 2012, Quinoy again assaulted Jane Doe in her home, causing a fractured chest plate. (Id. 23.) In March 2013, Quinoy punched Jane Doe in the face after an argument, causing a fracture of her orbital socket. (Id. 24.) In May 2013, Quinoy showed up at Jane Doe’s family party, demanded to see her, threatened her family members, and attempted to fight her brother. (Id. 25.) In the summer of 2013, Quinoy physically assaulted Jane Doe at a party in front of other corrections officers. (Id. 26.) In November 2013, Quinoy came to Jane Doe’s house with a firearm and threatened her, stated that he could not live without her, and said that he would kill himself or kill her. (Id. 27.) After the November 2013 incident, corrections officer Stephany Doe, Jane Doe’s mother, filed a report with the Special Investigation Unit of the WCDOC, notifying it of all of Quinoy’s acts described above. (Id. 28.) The report noted that Quinoy had threatened Jane Doe with a firearm that he obtained as a result of his status as a corrections officer. (Id.) Defendants did not thoroughly investigate the claim against Quinoy. (Id.
