Dudley v. Sposato et al

Filing 11

ORDER: Plaintiff is ORDERED to file a letter with the Court by December 11, 2017 that explains the status of the criminal action stemming from this arrest and the felony complaint against him. If plaintiff fails to file this letter by December 11, 2017, his action may be dismissed for failure to prosecute. Ordered by Judge Joan M. Azrack on 11/13/2017. (CM to pro se plaintiff) (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BRIAN KEITH DUDLEY,

Plaintiff,
ORDER
16-CV-3639 (JMA)(AYS)

-againstSHERIFF MICHAEL J. SPOSATO, NASSAU COUNTY,
DETECTIVE TRACEY S. CABEY, NASSAU COUNTY
POLICE DEPARTMENT, NASSAU COUNTY DISTRICT
ATTORNEY’S OFFICE, D.A. MADELINE SINGAS,
A.D.A. MICHAEL BUSHWACK,
Defendants.
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AZRACK, United States District Judge:

FILED 
CLERK 

11/13/2017 2:41 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

On June 20, 2016, incarcerated pro se plaintiff Brian Keith Dudley (“plaintiff”) filed a
complaint in this Court against Nassau County Sheriff Michael J. Sposato (“Sheriff Sposato”),
Nassau County, Detective Tracey S. Cabey (“Det. Cabey”), the Nassau County Police Department
(the “NCPD”), the Nassau County District Attorney’s Office (the “NCDA”), Nassau County
District Attorney Madeline Singas (“D.A. Singas”) and Assistant District Attorney Michael
Bushwack (“A.D.A. Bushwack” and collectively, “defendants”) pursuant to 42 U.S.C. § 1983
(“Section 1983”), alleging a deprivation of his constitutional rights.

Accompanying the

complaint is an application to proceed in forma pauperis.
In the complaint, plaintiff seeks to challenge his arrest for promoting prison contraband in
the first degree in violation of New York Penal Law § 205.25(2), a class D felony.

More

specifically, plaintiff claims that he was framed by two other inmates who planted a shank in his
cell and that plaintiff was improperly arrested, charged, and disciplined as a result.

(Compl.

¶ IV.)
Plaintiff alleges that he was found guilty following a disciplinary hearing on December 2,
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2015, but claims that the Sheriff did not produce “key witnesses” who had exculpatory evidence
and, had they been called to testify, “plaintiff could have had all charges pending against him
dismissed.”

(Id. at 6.)

Thus, plaintiff claims to have been falsely arrested and maliciously

prosecuted. (Id. ¶ IV.A)
Plaintiff also complains that although the search of his cell occurred on November 21,
2015, Det. Cabey “falsified documents” by alleging that the incident occurred on February 2, 2016
in the felony complaint filed against him.

(Id. at 7.)

Plaintiff is ORDERED to file a letter with the Court by December 11, 2017 that explains
the status of the criminal action stemming from this arrest and the felony complaint against him.
If plaintiff fails to file this letter by December 11, 2017, his action may be dismissed for failure
to prosecute.
SO ORDERED.
Dated:

___/s/ (JMA)___________________
Joan M. Azrack
United States District Judge

November 13, 2017
Central Islip, New York

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