Engels v. Town of Potsdam, et al et al

Filing 17

MEMORANDUM-DECISION AND ORDER: regarding the # 6 Report and Recommendations. It is ORDERED that the Court deems the facts alleged in plaintiff's # 12 objection to be part of plaintiff's complaint. It is further Ordered that, based on th e newly-alleged facts, the Court rejects so much of the # 6 Order and Report-Recommendation of U.S. Magistrate Judge Andrew T. Baxter as recommends sua sponte dismissal of plaintiff's claims against the Town of Potsdam, Jonathan Ryan and Frank Dunning. It is further ORDERED that in all other respects the Court accepts the # 6 Order and Report-Recommendation and dismisses all claims against Samuel Charelson, Jonathan Becker and Joshua Haberkornhalm. It is further ORDERED that the stay of initial proceedings is vacated and it is further ORDERED that the case shall proceed against Town of Potsdam, Jonathan Ryan and Frank Dunning. Signed by Senior Judge Norman A. Mordue on 8/26/2013. Copy served upon Pro Se Plaintiff via regular mail. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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JAMES P. ENGELS,
Plaintiff,
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7:13-CV-751 (NAM/ATB)

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TOWN OF POTSDAM; JONATHAN RYAN,
Environmental Conservation Officer; FRANK
DUNNING, Town of Parishville Justice; SAMUEL
CHARELSON, Town of Potsdam Justice;
JONATHAN BECKER, Assistant District
Attorney; and JOSHUA HABERKORNHALM,
Assistant District Attorney,
Defendants.
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APPEARANCES:
James P. Engels, Plaintiff pro se
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Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C.
Adam H. Cooper, Esq., of counsel
20 Corporate Woods Boulevard
Albany, New York 12211
Attorney for the Town of Potsdam and Samuel Charelson

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Shantz & Belkin
M. Randolph Belkin, Esq., of counsel
26 Century Hill Drive
Suite 202
Latham, New York 12110
Attorney for Frank Dunning
Hancock Estabrook LLP
Zachary M. Mattison, Esq., of counsel
1500 AXA Tower I
100 Madison Street
Syracuse, New York 13221-4976
Attorney for Jonathan Becker and Joshua HaberkornHalm

Hon. Norman A. Mordue, Senior U.S. District Judge:
MEMORANDUM-DECISION AND ORDER

United States Magistrate Judge Andrew T. Baxter has issued an Order and ReportRecommendation (Dkt. No. 6) recommending sua sponte dismissal of this pro se action under 42
U.S.C. § 1983. As Magistrate Judge Baxter observes, plaintiff’s complaint essentially challenges
the procedures leading to the revocation of the conditional discharge of plaintiff’s conviction
under New York’s Environmental Conservation Law for conditions at his junkyard, and the
imposition of a large fine. Magistrate Judge Baxter recommends dismissal based on Heck v.
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Humphrey, on the ground that the revocation of plaintiff’s conditional discharge and his
resentencing have not been reversed on direct appeal. 512 U.S. 477, 486-87 (1994). Further,
Magistrate Judge Baxter recommends dismissal of plaintiff’s claims against the judge who
presided over his case, Town of Potsdam Justice Samuel Charelson, and the two Assistant District
Attorneys who were involved in the violation hearing, Jonathan Becker and Joshua

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Haberkornhalm, on grounds of judicial and prosecutorial immunity.
Plaintiff objects (Dkt. No. 12). Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court reviews
Magistrate Judge Baxter’s report and recommendations de novo. In his objection (Dkt. No. 12),
plaintiff alleges for the first time that the revocation of his conditional discharge and the ensuing
fine were reversed by St. Lawrence County Court on August 24, 2012 on the ground that the
Town Court failed to comply with N.Y.C.P.L. § 410.70. Although plaintiff does not attach a copy

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of the County Court’s decision, this allegation is sufficient to make out a plausible claim that the
revocation and resentencing have been reversed on direct appeal as required by Heck. Given
plaintiff’s pro se status and under the circumstances of this case, the Court deems the facts
alleged in plaintiff’s objection to be part of plaintiff’s complaint. Thus, sua sponte dismissal of
the complaint based on the Heck rule is not warranted.

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The Court agrees with Magistrate Judge Baxter that plaintiff’s claims against Town of
Potsdam Justice Samuel Charelson are barred by judicial immunity, and his claims against
Assistant District Attorneys Jonathan Becker and Joshua Haberkornhalm are barred by
prosecutorial immunity. As Magistrate Judge Baxter notes, the wrongful acts alleged against
Town of Parishville Justice Frank Dunning took place after he was no longer presiding over the
plaintiff’s case. The Court leaves the question of whether plaintiff states a viable claim against
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Frank Dunning for resolution at a later stage in this case.
It is therefore
ORDERED that the Court deems the facts alleged in plaintiff’s objection (Dkt. No. 12) to
be part of plaintiff’s complaint (Dkt. No. 1); and it is further
ORDERED that, based on the newly-alleged facts, the Court rejects so much of the Order

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and Report-Recommendation (Dkt. No. 6) of United States Magistrate Judge Andrew T. Baxter as
recommends sua sponte dismissal of plaintiff’s claims against the Town of Potsdam; Jonathan
Ryan, Environmental Conservation Officer; and Frank Dunning, Town of Parishville Justice; and
it is further
ORDERED that in all other respects the Court accepts the Order and ReportRecommendation (Dkt. No. 6), and dismisses all claims against Samuel Charelson, Town of

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Potsdam Justice; Jonathan Becker, Assistant District Attorney; and Joshua Haberkornhalm,
Assistant District Attorney; and it is further
ORDERED that the stay of initial proceedings is vacated; and it is further
ORDERED that the case shall proceed against the Town of Potsdam; Jonathan Ryan,
Environmental Conservation Officer; and Frank Dunning, Town of Parishville Justice; and it is

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further
ORDERED that the Clerk of the Court is directed to serve copies of this MemorandumDecision and Order in accordance with the Local Rules of the Northern District of New York.
IT IS SO ORDERED.
Date: August 26, 2013
Syracuse, New York

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