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McDaniels v. Mertens

Failure to Allege Comparators Dooms Selective Enforcement Claim Over Traffic Stop

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On April 19, 2021, Plaintiff London McDaniels commenced this action under 42 U.S.C. §1983 alleging that Defendant Nicholas Mertens violated his Fourteenth Amendment right to equal protection. See Dkt. No. 1. Plaintiff filed an amended complaint on July 23, 2021. See Dkt. No. 12. Plaintiff alleges that Defendant issued him a ticket for a defective brake lamp because of his race. Id. at 56. Presently before the Court is Defendant’s motion to dismiss. See Dkt. No. 13. For the following reasons, the motion is granted. II. BACKGROUND On February 26, 2020, Plaintiff was traveling west on New York State Route 79 near Lisle, New York. Dkt. No. 12 at 1. Defendant, a New York State Trooper, passed by Plaintiff while traveling east. Id. at 6. Within seconds of passing Plaintiff, Defendant executed a three point turn and accelerated rapidly. Id. at 13. Defendant then followed Plaintiff closely for approximately five miles, pulled Plaintiff over near Richford, New York, and issued him a Uniform Traffic Ticket for a defective brake lamp.1 Id. at

19, 20, 27. Plaintiff does not allege his brake lamp was properly working. Plaintiff, a Black male, claims that Defendant, a white male, selectively performed a traffic stop and issued a ticket because of his race. Id. at 56.2 Plaintiff alleges that he saw Defendant stare at him as they drove passed one another. Id. at 5. He also states that he was driving a 2003 Porsche Boxer, an “expensive car,” and has been harassed by law enforcement officers in the past. Id. at

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