Patterson v. Patterson

Former Owner of Dogs Placed in Trust Lacks Standing to Sue Over Their Surrender to Town

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MEMORANDUM OPINION AND ORDER Shawn J. Patterson (“Plaintiff”), proceeding pro se and in forma pauperis, brings this action under 42 U.S.C. §1983 against Pamela Gambit d/b/a Animal Control Manager (“Gambuti”), Nicole Woodin d/b/a Animal Control Officer, Frank J. Palermo d/b/a Town of Woodbury Board of Supervisors (“Palermo”), Eric Hardin d/b/a Town of Woodbury Police Department/Detective, Steven Roman (“Roman”), Farahvashi M (“Farahvashi”), Carlos Castro (“Castro”), James Tremper (“Tremper”), Scott A. Sheehan d/b/a Woodbury Police Officer/Sergeant (collectively, “Town Defendants”), Gene Heck (“Heck”),¹ and Shawn Patterson d/b/a Landlord (“Patterson Sr.”). (Doc. 1; Doc. 34, “Am. Compl.”). Plaintiff asserts claims for violations of his constitutional rights in connection with the seizure of his dogs in March 2020. The Town Defendants filed a motion for summary judgment under Federal Rule of Civil Procedure 56 on July 23, 2021. (Doc. 58; Doc. 60, “Def. Br.”). Plaintiff opposed the motion on September 8, 2021. (Doc. 63; Doc. 64, “Opp.”; Doc. 65).² The motion was briefed fully with the filing of the Town Defendants’ reply memorandum of law in further support of their motion for summary judgment on October 18, 2021 (Doc. 67, “Reply”). For the reasons set forth below, the Town Defendants’ motion is GRANTED. BACKGROUND The facts recited herein are drawn from the Amended Complaint,³ the Town Defendants’ Rule 56.1 Statement (Doc. 59-11, “Def. 56.1 Stmt.”), Plaintiff’s response thereto (Doc. 59-12, “Pl. Resp.”), the Declaration of Ari I. Bauer, Esq. in support of the motion for summary judgment (Doc. 59, “Bauer Decl.”) together with the exhibits annexed thereto, and the Declaration of Shawn J. Patterson in opposition to the motion (Doc. 65, “Pl. Decl.”). On or about March 11, 2020, Gambuti and members of the Town of Woodbury Police Department arrived at Plaintiff’s apartment, the upper unit of a single-family residence in Highland Mills, New York. (Am. Compl. at 2; Def. 56.1 Stmt.

1-3; Pl. Resp.

Patterson v. Patterson

Former Owner of Dogs Placed in Trust Lacks Standing to Sue Over Their Surrender to Town

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