Jones, et al v. Parmley, et al
JUDGMENT in favor of Allen Riley, Andrew Halinski, Anthony Randazzo, Chris A. Smith, Christopher J. Clark, Daryl O. Free, David G. Bonner, David V. Dye, Dennis J. Blythe, Dennis J. Burgos, Douglas W. Shetler, Edward J. Marecek, Frederick A. Smith, G ary Darstein, Gary A. Barlow, George Beach, Glenn Miner, Gloria L. Wood, Gregory Eberl, Harry Schleiser, James D. Moynihan, James J. Greenwood, James J. Parmley, James K. Jecko, Jeffrey D. Sergott, Jerry Brown, John E. Wood, John F. Ahern, John P. Do ugherty, Joseph W. Smith, Kevin Buttenschon, Mark E. Chaffee, Mark E. Lepczyk, Martin Zubrzycko, Michael S. Slade, Norman Ashbarry, Norman J. Mattice, Pamela J. Morris, Patrick M. DiPirro, Paul K. Kunzwiler, Paul M. Murray, Peter S. Leadley, Robert H aumann, Robert A. Jureller, Robert B. Heath, Robert H. Hovey, Jr, Ronald G. Morse, Stephen P. Kealy, Steven B. Kruth, Thomas P. Connelly and Troy D. Little against Dyhyneyyks, Tekarontake, Andrew Jones, Cheryl Bucktooth, Debby Jones, Kahentinetha Horn, Karen Jones, Karoniakata Jones, Nadine O'Field/Ganonhweih, Nikki Jones, Robert Bucktooth, Robert E. Bucktooth, Jr, Ronald Jones, Jr, Ross John and Shawn Jones. [Copies served upon pro se plaintiffs via certified mail.] (nmk)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A CIVIL CASE
ANDREW JONES; ROBERT E. BUCKTOOTH, JR.;
CHERYL BUCKTOOTH; ROBERT BUCKTOOTH, III;
RONALD JONES, JR.; DEBBY JONES; KAREN
JONES; NIKKI JONES; KARONIAKATA
JONES; SHAWN JONES; KAHENTINETHA
HORN; DYHYNEYYKS a/k/a Alfred
Logan, Jr.; TEKARONTAKE a/k/a Paul Delaronde;
ROSS JOHN; and NADINE
O'FIELD/GANONHWEIH f/k/a Nadine Bucktooth,
JAMES J. PARMLEY, GEORGE BEACH, PAMELA R.
MORRIS, Inv., DENNIS J. BLYTHE, Inv., JOHN F.
AHERN, Inv., JOSEPH W. SMITH, Sgt., JEFFREY D.
SERGOTT, Trp., MICHAEL S. SLADE, Trp., JAMES
D. MOYNIHAN, Trp., JAMES K. JECKO, Trp.,
ROBERT HAUMANN, Sgt., MARK E. CHAFFEE, Trp.,
CHRISTOPHER J. CLARK, Trp., PAUL K. KUNZWILER,
Trp., DOUGLAS W. SHETLER, Trp., PATRICK M.
DIPIRRO, GREGORY EBERL, Trp., GARY A. BARLOW,
MARK E. LEPCZYK, Trp., MARTIN ZUBRZYCKO, Trp.,
GLENN MINOR, Trp., GARY DARSTEIN, Trp., KEVIN
BUTTENSCHON, CHRIS A. SMITH, Sgt., NORMAN
J. MATTICE, Sgt., JOHN E. WOOD, THOMAS P.
CONNELLY, JERRY BROWN, HARRY SCHLEISER,
Sgt., NORMAN ASHBERRY, Inv., PETER S. LEADLEY, Trp.,
GLORIA L. WOOD, Trp., DAVID G. BONNER, Trp.,
DENNIS J. BURGOS, Trp., JOHN P. DOUGHERTY, Trp.,
DAVID V. DYE, Trp., DARYL O. FREE, Trp., JAMES
J. GREENWOOD, Sgt., ANDREW HALINSKI, Trp.,
ROBERT B. HEATH, Trp., ROBERT H. HOVEY, JR., Trp.,
ROBERT A. JURELLER, Trp., STEPHEN P. KEALY, Trp.,
TROY D. LITTLE, Trp., RONALD G. MORSE, Trp.,
PAUL M. MURRAY, Trp., ANTHONY RANDAZZO, Trp.,
ALLEN RILEY, Trp., FREDERICK A. SMITH, Trp.
STEVEN B. KRUTH, Sgt., and EDWARD J. MARECEK,
Decision by Court. This action came to a hearing before the Court. The issues have been
heard and a decision has been rendered.
Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury has rendered its verdict.
IT IS ORDERED AND ADJUDGED
That all of the claims of Plaintiffs Shawn Jones, Robert E. Bucktooth, III and Nadine Bucktooth are
DISMISSED. The Court further ORDERS that Plaintiffs Andrew Jones, Ronald Jones, Jr., Debbie
Jones, Karoniakata Jones, Karen Jones, Nikki Jones, Robert E. Bucktooth, Jr., Cheryl Bucktooth,
Alfred Logan, Jr., Kahentinetha Horn, Ross John and Paul Delaronde's claims of negligent infliction
of emotional distress and intentional infliction of emotional distress are DISMISSED as duplicative
of their other claims. The Court further ORDERS that Plaintiffs' claims that Defendants violated
their First Amendment rights to practice their religion are DISMISSED. The Court further
ORDERS that Plaintiffs' claims of excessive force, false arrest and assault and battery against
Defendants Beach, Connelly, Haumann, Parmley and John Wood are DISMISSED. The Court
further ORDERS that Plaintiffs Andrew Jones, Robert E. Bucktooth, Jr., Cheryl Bucktooth and
Alfred Logan, Jr.'s state-law malicious prosecution claims are DISMISSED.
It is further ORDERED that Plaintiffs failed to prove that the Defendants violated their First
Amendment rights to assemble and to speak freely. It is further ORDERED that Plaintiffs Andrew
Jones, Robert E, Bucktooth, Jr., and Alfred Logan, Jr. failed to prove that the applicable Defendants
violated their Fourth Amendment right to be free from the use of excessive force. It is further
ORDERED that Plaintiffs Andrew Jones, Robert E, Bucktooth, Jr., Cheryl Bucktooth and Alfred
Logan, Jr. failed to prove that the applicable Defendants assaulted them during the process of
arresting them. It is further ORDERED that Plaintiffs Andrew Jones, Robert E, Bucktooth, Jr.,
Cheryl Bucktooth and Alfred Logan, Jr. failed to prove that the applicable Defendants arrested them
without probable cause.
All of the above pursuant to the order of the Honorable Judge Frederick J. Scullin, dated the 4th day
of October, 2016 and the jury verdict rendered on the 11th day of October, 2016, at trial held before
the Honorable Frederick J. Scullin, Jr.
DATED: October 12, 2016
Federal Rules of Appellate Procedure
Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
1. (1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and
4(c), the notice of appeal required by Rule 3 must be filed with the
district clerk within 30 days after entry of the judgment or order
(B) The notice of appeal may be filed by any party within 60 days after
entry of the judgment or order appealed from if one of the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an
individual capacity for an act or omission occurring in connection with
duties performed on the United States' behalf — including all instances
in which the United States represents that person when the judgment
or order is entered or files the appeal for that person.
(C) An appeal from an order granting or denying an application for a
writ of error coram nobis is an appeal in a civil case for purposes of
(2) Filing Before Entry of Judgment. A notice of appeal filed after the
court announces a decision or order—but before the entry of the
judgment or order—is treated as filed on the date of and after the entry.
(3) Multiple Appeals. If one party timely files a notice of appeal, any
other party may file a notice of appeal within 14 days after the date
when the first notice was filed, or within the time otherwise prescribed
by this Rule 4(a), whichever period ends later.
(4) Effect of a Motion on a Notice of Appeal.
(A) If a party timely files in the district court any of the following
motions under the Federal Rules of Civil Procedure, the time to file an
appeal runs for all parties from the entry of the order disposing of the
last such remaining motion:
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings under Rule 52(b),
whether or not granting the motion would alter the judgment;
(iii) for attorney's fees under Rule 54 if the district court extends the
time to appeal under Rule 58;
(iv) to alter or amend the judgment under Rule 59;
(v) for a new trial under Rule 59; or
(vi) for relief under Rule 60 if the motion is filed no later than 28 days
after the judgment is entered.
(B)(i) If a party files a notice of appeal after the court announces or
enters a judgment—but before it disposes of any motion listed in Rule
4(a)(4)(A)—the notice becomes effective to appeal a judgment or
order, in whole or in part, when the order disposing of the last such
remaining motion is entered.
(ii) A party intending to challenge an order disposing of any motion
listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment
upon such a motion, must file a notice of appeal, or an amended notice
of appeal—in compliance with Rule 3(c)—within the time prescribed
by this Rule measured from the entry of the order disposing of the last
such remaining motion.
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal
(i) a party so moves no later than 30 days after the time prescribed by
this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30
days after the time prescribed by this Rule 4(a) expires, that party
shows excusable neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in
Rule 4(a)(1) or (3) may be ex parte unless the court requires
otherwise. If the motion is filed after the expiration of the prescribed
time, notice must be given to the other parties in accordance with
(C) No extension under this Rule 4(a)(5) may exceed 30 days after
the prescribed time or 14 days after the date when the order granting
the motion is entered, whichever is later.
(6) Reopening the Time to File an Appeal. The district court may
reopen the time to file an appeal for a period of 14 days after the date
when its order to reopen is entered, but only if all the following
conditions are satisfied:
(A) the court finds that the moving party did not receive notice under
Federal Rule of Civil Procedure 77 (d) of the entry of the judgment
or order sought to be appealed within 21 days after entry;
(B) the motion is filed within 180 days after the judgment or order is
entered or within 14 days after the moving party receives notice under
Federal Rule of Civil Procedure 77 (d) of the entry, whichever is
(C) the court finds that no party would be prejudiced.
(7) Entry Defined.
(A) A judgment or order is entered for purposes of this Rule 4(a):
(i) if Federal Rule of Civil Procedure 58 (a) does not require a
separate document, when the judgment or order is entered in the civil
docket under Federal Rule of Civil Procedure 79 (a); or
(ii) if Federal Rule of Civil Procedure 58 (a) requires a separate
document, when the judgment or order is entered in the civil docket
under Federal Rule of Civil Procedure 79(a) and when the earlier of
these events occurs:
• the judgment or order is set forth on a separate document, or
• 150 days have run from entry of the judgment or order in the civil
docket under Federal Rule of Civil Procedure 79 (a).
(B) A failure to set forth a judgment or order on a separate document
when required by Federal Rule of Civil Procedure 58 (a) does not
affect the validity of an appeal from that judgment or order.