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Crowley v. Tran

Default Is Vacated as Not Willful, Egregious, Done in Bad Faith

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Jamie I. Crowley commenced this action on July 2, 2024 against Defendant Tommy Tran, asserting claims under 42 U.S.C. §1983 and the New York State Constitution for excessive force, unreasonable search and seizure, malicious prosecution, and false arrest and imprisonment. (Dkt. No. 1). Defendant failed to file an answer after having been served with the complaint, and accordingly, the clerk entered default as to Defendant on September 26, 2024. (Dkt. No. 9). Presently before the Court is Defendant’s motion to vacate the clerk’s entry of default. (Dkt. Nos. 14, 19). Plaintiff has responded. (Dkt. No. 21). For the following reasons, the Court grants Defendant’s motion to vacate the default. II. BACKGROUND¹ On July 2, 2021, Plaintiff Crowley was in his home in Broome County. (Dkt. No. 1, 10). Crowley alleges that a known woman trespassed onto his property, and that after “repeated problems” with the relatives of the woman, Crowley feared her presence and trespass. (Id.

12-14). In response, Crowley fired one gunshot in the air as a warning to vacate the premises. (Id. 15). The woman subsequently called 911 to report the incident. (Id. 17). The woman met with Defendant Tran, a police officer with the Broome County Sherriff’s Department, to record a statement. (Id.

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