X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION AND ORDER Cyril Curtis (“Plaintiff”), proceeding pro se and in forma pauperis, brings this action pursuant to 42 U.S.C. §1983 against Rockland County, Investigator Joe Alvarez (“Alvarez”), Officer John Casey (“Casey”), Officer Phillip Fantasia (“Fantasia”), Officer Raymond Lund (“Lund”), and Officer Michael Vigilleti (“Vigilleti” and collectively, “Defendants”). Plaintiff alleges that Defendants violated his constitutional rights during the July 3, 2018 search of his home, his six-hour pretrial detention on the same date, and his subsequent imprisonment. (Doc. 9, “FAC”). For the reasons set forth below, Defendants’ motions to dismiss are GRANTED. BACKGROUND A. Procedural Background Plaintiff filed this action on May 10, 2021. (Doc. 2). The original Complaint named Rockland County Drug Task Force, Rockland County Office of the Sherriff Department, Sherriff Louis Falco III, Officer Phillip Fantasia, Officer John Casey, John Doe 1, John Doe 2, John Doe 3, and John Doe 4 as Defendants. (Id.). On June 14, 2021, the Court issued a Valentin Order which dismissed Plaintiff’s claims against Rockland County Drug Task Force and Rockland County Office of the Sherriff Department and added Rockland County as a Defendant. (Doc. 6).1 The Court further ordered the Rockland County Law Department to identify the John Doe defendants. (Id. at 3). On July 9, 2021, Plaintiff filed his First Amended Complaint (“FAC”), which dropped Sherriff Louis Falco III as a Defendant.2 (Doc. 9). On August 12, 2021, Rockland County filed a letter in response to the Court’s June 14, 2021 Valentin Order identifying John Doe 1 as Officer Raymond Lund, John Doe 2 as Officer John Casey, John Doe 3 as Officer Michael Vigiletti, and John Doe 4 as Investigator Joe Alvarez. (Doc. 13). On August 13, 2021, the Court ordered the substitution of the individuals identified in Rockland County’s August 12, 2021 letter and terminated Sherriff Louis Falco III as a defendant. (Doc. 14). On August 31, 2021, Plaintiff filed an unauthorized Second Amended Complaint (“SAC”). (Doc. 18).3 The caption of the SAC referred to four “John Doe” defendants that had already been identified by Rockland County and substituted by the Court’s August 13, 2021 Order. (See Doc. 14). Accordingly, on September 16, 2021, the Court issued an Order once again terminating the John Doe defendants as parties and restoring Officer Lund, Officer Vigilleti, and Investigator Alvarez as parties. (Doc. 29). Accordingly, Plaintiff’s claims in the FAC, as modified by the Court’s Orders as described above, are pressed against Rockland County, Lund, Fantasia, Casey, Vigiletti, and Alvarez. The Court granted Defendants leave to file motions to dismiss during the pre-motion conference on March 1, 2022, and ordered that Defendants file joint moving and reply briefs in support of their motions. (Doc. 50). On March 29, 2022, Defendants filed their motions to dismiss and joint moving brief. (Doc. 51; Doc. 52; Doc. 53; Doc. 54 (“Defs.’ Br.”); Doc. 55). Plaintiff filed his opposition brief on May 3, 2022. (Doc. 56, “Opp. Br.”). Defendants filed their joint reply brief on May 16, 2022. (Doc. 59, “Reply Br.”). B. Factual Background Plaintiff alleges that, on July 3, 2018, he was pulled over by Fantasia, Casey, and Lund. (FAC

1-3). Fantasia, Casey, and Lund, during the stop, informed Plaintiff that they had a search warrant for his person, vehicle, and home and provided Plaintiff with a copy of the warrant to search for drugs and drug paraphernalia. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Downtown property and casualty defense law firm seeks litigation associate with 2+ years' experience in insurance defense litigation. The fi...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›