Hall v. County of Ontario, et al
Filing
19
DECISION AND ORDER. Defendants' Motion to Dismiss 15 is GRANTED IN PART and DENIED IN PART. The Motion is granted with respect to the claims against ADA Dennis and Ontario County, and those parties are hereby dismissed from this action. The Motion is denied with respect to Deputy Cordon, although the qualified immunity issue may be re-raised as part of a properly supported motion for summary judgment. By separate order, this matter will be referred to a United States Magistrate Judge for all pretrial matters, excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 03/30/2015. ST -CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TONYA M. HALL,
Plaintiff,
Case # 14-CV-6059-FPG
v.
DECISION AND ORDER
COUNTY OF ONTARIO,
BRIAN D. DENNIS in his official and
individual capacities, and
TERENCE CORDON in his official and
individual capacities,
Defendants.
INTRODUCTION
Plaintiff Tonya Hall brings this action under 42 U.S.C. § 1983, alleging that Defendants
County of Ontario, Assistant Ontario County District Attorney Brian D. Dennis, and Ontario
County Deputy Sheriff Terence Cordon maliciously prosecuted her, and in doing so, violated her
rights under the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution, as well as
under the New York State Constitution. ECF No. 13. Defendants have moved to dismiss the
Amended Complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that Plaintiff’s
allegations fail to state a claim upon which relief could be granted. ECF No. 15. For the
following reasons, Defendants’ Motion to Dismiss is granted in part, and denied in part.
BACKGROUND 1
Plaintiff’s claims stem from the Defendants’ criminal investigation and prosecution of
her, which was based on a public assistance application she submitted in May 2010. ECF No.
1
Since all well-pleaded facts are assumed to be true for the purposes of a Motion to Dismiss
under Rule 12(b)(6), the facts here are recited as Plaintiff has alleged them in her Amended
Complaint.
13. That application did not list Craig Foster, who is the father of the Plaintiff’s three children,
as a member of her household. Id. at 3. Foster was also the owner of 3939 Charing Cross in
Canandaigua when the Plaintiff listed that address as her residence on the application in
question. Id. at 1-2. Plaintiff alleges that she completed the application and submitted it to
Ontario County Social Services in an effort to “apply for a referral from the Oneida Nation
Health Center” in order to obtain health coverage for herself and her three children. Id. at 3.
Plaintiff is a registered member of the Saint Regis Mohawk Tribe, and her tribal membership
could make her and her children eligible for certain programs funded by the Indian Health
Service (“IHS”). Id. at 9-10.
In April 2011, Ontario County received a fraud referral claiming that the Plaintiff was
receiving public benefits while living with Mr. Foster in an affluent Canandaigua neighborhood.
Id. at 11.
From this tip, the Ontario County Department of Social Services initiated an
investigation into possible welfare fraud by the Plaintiff.
Id. at 2-4.
The purpose of the
investigation was to determine whether Craig Foster lived in the home at 3939 Charing Cross
between May 2010 and January 2011. Id. at 12. Ontario County Deputy Sheriff Terence Cordon
(“Deputy Cordon”) headed the investigation. Id. at 3. Deputy Cordon works part-time for
Ontario County to investigate welfare fraud claims. Id. at 15. After conducting an investigation
that spanned more than five months, involved multiple witnesses, and involved several visits to
3939 Charing Cross, Deputy Cordon arrested the Plaintiff on October 30, 2011. Id. at 16. The
Ontario County District Attorney’s Office filed a felony complaint against the Plaintiff on the
next day, which charged her with two felony counts of offering a false instrument for filing and
one felony count of welfare fraud. Id.
2
Assistant Ontario County District Attorney Brian D. Dennis (“ADA Dennis”) prosecuted
the case against the Plaintiff. Id. at 5. On March 22, 2012, an Ontario County Grand Jury
indicted the Plaintiff on felony counts of offering a false instrument for filing and welfare fraud.
ECF No. 15 at 5. 2
ADA Dennis brought the case against the Plaintiff to trial, and an Ontario County jury
ultimately acquitted her of all charges on February 8, 2013. ECF No. 13 at 22. After her
acquittal, the Plaintiff commenced this action (and later amended her Complaint) against ADA
Dennis, Deputy Cordon, and the County of Ontario, which the Defendants now seek to dismiss.
ECF Nos. 1, 13, 15.
DISCUSSION
I.
Generally Applicable Legal Standards
To succeed on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a
defendant must show that the facts alleged in the complaint, when taken as true, fail to state a
claim for relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 554, 555-56
(2007). While “not akin to a probability requirement,” plausibility requires “more than a sheer
possibility that a defendant has acted unlawfully.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A plausible complaint is one in which the plaintiff pleads sufficient facts that allow the Court to
draw reasonable inferences that the defendant is liable for the alleged misconduct. Id. A
complaint need not have detailed factual allegations in order to survive a 12(b)(6) motion to
dismiss, but a pleading that consists of “labels and conclusions” or “a formulaic recitation of the
elements of a cause of action will not do.” Twombly, 550 U.S. at 555. Nor does a complaint
2
Plaintiff’s Amended Complaint does not expressly reference the date and counts of the indictment, but it does
make multiple references to the criminal case against her, including the grand jury proceedings. See ECF No. 13 at
16-19. Accordingly, I find that the indictment is “incorporated in [the complaint] by reference [. . .] and may be
considered” in adjudicating Defendants’ Motion to Dismiss. Roth v. Jennings, 489 F.3d 499, 510 (2d Cir. 2007).
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suffice if it tenders “naked assertion[s]” devoid of “further factual enhancement.” Id. at 557. In
considering the plausibility of a claim, the Court must accept factual allegations as true and draw
all reasonable inferences in the plaintiff’s favor. Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104
(2d Cir. 2011). At the same time, the Court is not required to accord “[l]egal conclusions,
deductions, or opinions couched as factual allegations ... a presumption of truthfulness.” In re
NYSE Specialists Sec. Litig., 503 F.3d 89, 95 (2d Cir. 2007). “Threadbare recitals of the
elements of a cause of action, supported by mere conclusory statements,” are insufficient to
survive a Rule 12(b)(6) motion to dismiss. Iqbal, 556 U.S. at 678.
The statute at issue in this case, 42 U.S.C. § 1983, is not itself a source of any substantive
rights, but rather is a vehicle by which citizens may seek to vindicate rights conferred elsewhere.
Albright v. Oliver, 510 U.S. 266, 271 (1994). “[T]o state a civil rights claim under § 1983, a
complaint must contain specific allegations of fact which indicate a deprivation of constitutional
rights.” Alfaro Motors, Inc. v. Ward, 814 F.2d 883, 887 (2d Cir. 1987). Allegations that amount
to “nothing more than broad, simple, and conclusory statements are insufficient to state a claim
under § 1983.” Id.
Regarding the cause of action for malicious prosecution, a Plaintiff must prove “(1) the
initiation or continuation of a criminal proceeding against the plaintiff; (2) termination of the
proceeding in plaintiff’s favor; (3) lack of probable cause for the proceeding; and (4) actual
malice as a motivation.” Drummond v. Castro, 522 F. Supp. 2d 667, 677 (S.D.N.Y. 2007)
(citing Russell v. Smith, 68 F.3d 33, 36 (2d Cir. 1995)). At the same time, probable cause is a
complete defense to malicious prosecution claims. Manganiello v. City of New York, 612 F.3d
149, 161–62 (2d Cir. 2010) (citing Savino v. City of New York, 331 F.3d 63, 72 (2d Cir. 2003)).
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Although municipalities may be sued under 42 U.S.C. § 1983, a local government such as
the County of Ontario may not be held liable under § 1983 unless the challenged action was
performed pursuant to a municipal policy or custom. Monell v. New York City Dept. of Social
Services, 436 U.S. 658, 694 (1978). Municipalities are not subject to § 1983 liability on the basis
of a respondeat superior theory. Collins v. City of Harker Heights, 503 U.S. 115, 121 (1992);
Monell, 436 U.S. at 694. To hold a municipality liable in a § 1983 action, a plaintiff is required
to plead and prove three elements: (1) an official custom or policy that (2) causes the plaintiff to
be subjected to (3) a denial of a constitutional right. Zahra v. Town of Southold, 48 F.3d 674,
685 (2d Cir. 1995) (citations and quotations omitted).
II.
The Claims Against ADA Dennis
ADA Dennis argues the Plaintiff’s Amended Complaint must be dismissed as against him
because he is entitled to absolute immunity. I agree.
“Absolute immunity of prosecutors is grounded in the fear that the public trust of the
prosecutor’s office would suffer if the prosecutor were constrained in making every decision by
the consequences in terms of his own potential liability in a suit for damages.” Warney v.
Monroe County, 587 F.3d 113, 125 (2d Cir. 2009) (quoting Imbler v. Pachtman, 424 U.S. 409,
424–25(1976)). As such, a prosecutor is absolutely immune from § 1983 liability for conduct in
furtherance of prosecutorial functions intimately associated with initiating or presenting the
state’s case. Imbler, 424 U.S. at 430. “Prosecutorial immunity from § 1983 liability is broadly
defined, covering ‘virtually all acts, regardless of motivation, associated with [the prosecutor’s]
function as an advocate.’” Id. at 661 (quoting Dory v. Ryan, 25 F.3d 81, 83 (2d Cir. 1994)).
Such “quintessential prosecutorial functions” include acts taken by a prosecutor in preparation
for the initiation of a judicial proceeding or trial. Warney, 587 F.3d at 122.
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The Supreme Court has further explained that a prosecutor’s functions preliminary to the
initiation of proceedings include “whether to present a case to a grand jury, whether to file an
information, whether and when to prosecute, whether to dismiss an indictment against particular
defendants, which witnesses to call, and what other evidence to present.” Imbler, 424 U.S. at
431 n. 33. Further, the functional test for absolute immunity is an objective test, meaning it does
not depend upon the state actor’s subjective intent. Dory, 25 F.3d at 83; see also Burns v. Reed,
500 U.S. 478, 487–88 (1991) (allegations that prosecutor “deliberately misled the Court” during
preliminary hearing were deemed irrelevant where the prosecutor’s objective act—presenting
evidence at the hearing—enjoyed absolute immunity). Indeed, prosecutorial conduct that might
be “reprehensible” yet still within the scope of traditional prosecutorial functioning, such as
presenting knowingly perjured testimony or deliberately withholding exculpatory information, is
shielded by absolute immunity. Shmueli v. City of New York, 424 F.3d 231, 237 (2d Cir. 2005).
Plaintiff’s claims against ADA Dennis in bringing and maintaining the criminal case
against the Plaintiff revolve largely around the alleged failure to disclose certain evidence and his
conduct in eliciting trial testimony. See ECF No. 13 at 21-24. But these actions are among the
“quintessential prosecutorial functions” that the doctrine of absolute immunity exists to protect.
Even if ADA Dennis failed to disclose information deliberately or in bad faith – a finding I do
not make − ADA Dennis would still be absolutely immune from suit. See Shmueli, 424 F.3d at
237. Further, the six-month delay in her criminal case that Plaintiff complains of, even if
initiated by ADA Dennis, is well within his prosecutorial discretion to consider “whether and
when” to proceed with a case, which is protected by absolute immunity. Imbler, 424 U.S. at 431
n. 33. Plaintiff’s additional claims regarding ADA Dennis’ presentation of evidence to the grand
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and petit juries are also plainly within the ambit of prosecutorial functions shielded by absolute
immunity.
Perhaps recognizing the breadth of absolute immunity for prosecutorial functions, the
Plaintiff contends that ADA Dennis “performed investigatory functions in connection with the
evidence concerning medical benefits and other evidence concerning the charges against Ms.
Hall.” ECF No. 13 at 14. However, Plaintiff does not allege any facts to plausibly indicate that
ADA Dennis ceased performing “quintessential prosecutorial functions” and instead engaged in
investigatory work. Absent any pled facts to support the conclusion that ADA Dennis undertook
investigative work, the Plaintiff’s statement is nothing more than a legal conclusion
masquerading as a factual allegation, and such conclusory allegations are insufficient to
withstand a motion to dismiss. Iqbal, 556 U.S. at 678; see also In Re NYSE Specialists Sec.
Litig., 503 F.3d at 95.
Plaintiff also claims that Foster had a romantic relationship with a separate woman at
times relevant to the underlying investigation, and that ADA Dennis “had a personal or
professional relationship” with this individual. ECF No. 13 at 4, 14, fn 2. Even taking these
facts as true, they add nothing to the analysis, since nowhere in the Amended Complaint is there
any non-conclusory allegation that could take ADA Dennis’ conduct out of the realm of immune
prosecutorial activities.
In short, because the facts alleged in Plaintiff’s Amended Complaint indicate that ADA
Dennis was engaged in quintessential prosecutorial functions, he is absolutely immune from suit,
and the claims against him are hereby dismissed.
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III.
The Claims Against Deputy Cordon
Deputy Cordon similarly argues the Plaintiff’s Amended Complaint must be dismissed as
against him because he is entitled to qualified immunity.
While prosecutors performing traditional prosecutorial functions are entitled to absolute
immunity, public officials – including law enforcement officers – are afforded qualified or “good
faith” immunity in § 1983 actions. Harlow v. Fitzgerald, 457 U.S. 800, 814 (1982). Officials
with qualified immunity are “shielded from liability for civil damages insofar as their conduct
does not violate clearly established statutory or constitutional rights of which a reasonable person
would have known.” Id. at 818. Accordingly, Deputy Cordon will be immune from liability if
he did not violate any of Plaintiff’s clearly established constitutional or statutory rights.
Plaintiff alleges Deputy Cordon is liable for malicious prosecution because he pursued a
criminal investigation against her without probable cause and in violation of Plaintiff’s right to
due process of law. ECF No. 13 at 24-25. A § 1983 claim for malicious prosecution is
essentially analyzed as a Fourth Amendment claim. Albright v. Oliver, 510 U.S. 266, 274
(1994). The qualified immunity test is based on probable cause, but is nonetheless “more
favorable to the officers than the [test] for probable cause.” Ackerson v. City of White Plains,
702 F.3d 15, 21 (2d Cir. 2012) (quotation marks omitted). Specifically, the applicable test is not
whether officials had probable cause to arrest and pursue criminal charges, but whether they had
“arguable probable cause.” Escalera v. Lunn, 361 F.3d 737, 743 (2d Cir. 2004). Arguable
probable cause exists “if either (a) it was objectively reasonable for the officer to believe that
probable cause existed, or (b) officers of reasonable competence could disagree on whether the
probable cause test was met.” Id. (quotation marks omitted). Valid probable cause may rely on
mistaken information “so long as the arresting officer acted reasonably and in good faith in
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relying on that information.” Bernard v. U.S., 25 F.3d 98, 102 (2d Cir. 1994). Nonetheless,
“‘arguable’ probable cause should not be misunderstood to mean ‘almost’ probable cause.”
Jenkins v. City of New York, 478 F.3d 76, 87 (2d Cir. 2007).
An indictment establishes a rebuttable presumption of probable cause. Savino v. City of
New York, 331 F.3d 63, 69 (2d Cir. 2003). The plaintiff in a malicious prosecution claim bears
the burden of rebutting this presumption of probable cause, Id., and to succeed in a malicious
prosecution action after a plaintiff has been indicted, she must establish that the indictment was
“procured by fraud, perjury, the suppression of evidence, or other police conduct undertaken in
bad faith.” Savino, 331 F.3d at 72 (quoting Colon v. City of New York, 60 N.Y.2d 78, 83
(1983)).
Because qualified immunity protects officials not merely from liability but from
litigation, the issue should be resolved as early in the process as possible, to avoid subjecting
public officials to time consuming and expensive discovery procedures. See, e.g., Mitchell v.
Forsyth, 472 U.S. 511, 526 (1985). And while qualified immunity can be established by the
facts alleged in a complaint, see Wood v. Moss, --- U.S.----, 134 S.Ct. 2056 (2014), I am also
mindful of the Second Circuit’s admonition that a defendant asserting a qualified immunity
defense on a motion to dismiss “faces a formidable hurdle ... and is usually not successful.”
Field Day, LLC v. County of Suffolk, 463 F.3d 167, 191–92 (2d Cir. 2006).
At the motion to dismiss stage, this defense will succeed only where entitlement to
qualified immunity can be established “based [solely] on facts appearing on the face of the
complaint.” McKenna v. Wright, 386 F.3d 432, 436 (2d Cir. 2004). For these reasons, a motion
to dismiss “is a mismatch for immunity and almost always a bad ground of dismissal.” Id.
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(quoting Jacobs v. City of Chicago, 215 F.3d 758, 775 (7th Cir. 2000) (Easterbrook, J.,
concurring in part)).
The Second Circuit recently stated that “defendants moving to dismiss a suit by reason of
qualified immunity would in almost all cases be well advised to move for summary judgment,
rather than for dismissal under Rule 12(b)(6) or 12(c).” Barnett v. Mount Vernon Police Dep’t,
523 F. App’x 811, 813 (2d Cir. 2013). Put another way,
a defendant presenting an immunity defense on a Rule 12(b)(6)
motion instead of a motion for summary judgment must accept the
more stringent standard applicable to this procedural route. Not
only must the facts supporting the defense appear on the face of the
complaint … the plaintiff is entitled to all reasonable inferences
from the facts alleged, not only those that support his claim, but
also those that defeat the immunity defense. On the other hand,
with a motion for summary judgment adequately supported by
affidavits, the party opposing the motion cannot rely on allegations
in the complaint, but must counter the movant’s affidavits with
specific facts showing the existence of genuine issues warranting a
trial. See Fed. R. Civ. P. 56(c). A party endeavoring to defeat a
lawsuit by a motion to dismiss for failure to state a claim faces a
“higher burden” than a party proceeding on a motion for summary
judgment. See Moore’s Federal Practice § 56.30[3][b]; see also id.
§ 56.30[3][d].
McKenna v. Wright, 386 F.3d 432, 436 (2d Cir. 2004).
Under this difficult and stringent standard, I cannot conclude that “on the face of the
[amended] complaint” that Deputy Cordon is entitled to qualified immunity. Limiting my
analysis to the Amended Complaint and taking all of the Plaintiff’s facts as true and drawing all
reasonable inferences in her favor, I cannot conclude as a matter of law that Deputy Cordon is
entitled to immunity – perhaps an unsurprising conclusion, since the parties dispute many of the
underlying facts relative to the investigation.
My ruling should not be understood to say that Deputy Cordon cannot be entitled to
qualified immunity in this case. Rather, the posture of this case and the disputed facts make this
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a question best resolved through a summary judgment motion, where the parties could present
additional factual information that could not be considered on this Rule 12(b)(6) motion. Indeed,
the parties may request of the Magistrate Judge who will supervise discovery that such discovery
be, at first, limited to the qualified immunity issue. However, I leave it up to the parties to make
such a request, and leave determination of that request up to the soon-to-be assigned Magistrate
Judge.
For these reasons, Deputy Cordon’s Motion to Dismiss based upon qualified immunity
grounds is denied without prejudice to renewal as part of a properly supported summary
judgment motion.
IV.
The Claims Against Ontario County
The final claims brought by Plaintiff seek to hold Ontario County liable for the
constitutional deprivations she allegedly suffered by the other named Defendants. She claims
that “Ontario County and its agents and/or employees failed to properly train Officer Cordon in
how to conduct an investigation to identify the residence at which a person lives in connection
with welfare fraud charges.” ECF No. 13 at 16. Plaintiff further alleges that Deputy Cordon
“was legally restricted from working more than part time on Medicaid fraud investigations and,
therefore, could not work the hours necessary to conduct even a minimally adequate
investigation as to the allegations against Ms. Hall.” ECF No. 13 at 4. These claims are
governed by the familiar Monell standard.
Monell provides an avenue for municipal liability under § 1983 based on municipal
employees’ conduct. A municipality that implements a “policy statement, ordinance, regulation,
or decision officially adopted and promulgated by that body’s officers” that deprives plaintiff of
a constitutional right may be liable under § 1983. Monell, 436 U.S. at 690. Section 1983
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liability will also attach to a municipality if it violates a plaintiff’s constitutional rights through
practices “so permanent and well-settled” that they amount to an official “custom.”
Id.
However, the mere assertion that an official policy or custom exists “is insufficient in the
absence of allegations of fact tending to support, at least circumstantially, such an inference.”
Dwares v. City of New York, 985 F.2d 94, 100 (2d Cir. 1993). A Monell claim cannot survive a
motion to dismiss if it is “grounded solely on the conclusory assertions of the plaintiff.” Santos
v. New York City, 847 F. Supp. 2d 573, 577 (S.D.N.Y. 2012).
A plaintiff who claims her rights were violated by virtue of inadequate training by a
municipality must show “the failure to train amounts to a deliberate indifference to the rights of
persons with whom the police come into contact.” City of Canton, Ohio v. Harris, 489 U.S. 378,
388 (1989). “[M]unicipal liability under § 1983 attaches where—and only where—a deliberate
choice to follow a course of action is made from among various alternatives.” Id. at 389
(quotation marks omitted). To show such deliberate indifference in the failure to train context, a
plaintiff must demonstrate that: (1) a policymaker knows “to a moral certainty” that her
employees will confront a given situation; (2) the situation presents the employee with a difficult
choice of the sort that training or supervision will make less difficult, or there is a history of
employees mishandling that situation; and (3) the incorrect choice by the city employee will
frequently cause the deprivation of a citizen’s constitutional rights. Walker v. City of New York,
974 F.2d 293, 297 (2d Cir. 1992).
Plaintiff contends that training deficiencies, particularly Ontario County’s failure to train
Investigator Condon regarding welfare fraud investigations, violated her right to due process of
law. Plaintiff has failed, however, to point to any evidence of inadequate training by the County.
See Phelan ex rel. Phelan v. Mullane, 512 Fed. App’x 88, 91 (2d Cir. 2013) (“Plaintiffs do not
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point to any training deficiency, and the record evidence on which they rely does not support
their argument.”). Plaintiff further fails to allege “how better or different training could have
prevented the challenged conduct.” See Amnesty Am. v. Town of West Hartford, 361 F.3d 113,
130 (2d Cir. 2004). Nor has she plausibly alleged that the County or its employees violated any
of her constitutional or statutory rights.
Plaintiff sets forth the conclusory allegation that Ontario County fostered “a de facto
policy, practice, and/or custom of unlawfully interfering with and/or arresting, without
reasonable suspicion or probable cause, individuals who exercise their rights to seek welfare or
medical assistance.” ECF No. 13 at 26. She further argues that “[a]ssigning a part-time officer
to investigate such cases leads to the obvious result [that the investigating] officer will be unable
to investigate the facts [. . .] necessary to determine whether probable cause exists.” ECF No. 13
at 16, 21, 26; see also ECF No. 17 at 20. But the conclusory allegations offer no allegations of
facts that, taken as true, would support these contentions. Plaintiff further fails to allege how
Deputy Cordon’s hours limited the scope of the investigation. In pointing out the fact that
Deputy Cordon worked for the County part time, Plaintiff does not allege that Deputy Cordon’s
investigation was in any articulable way constrained by his hours or that he failed to do
necessary work as a direct result of his schedule. Plaintiff’s allegations that the County’s policy
of retaining a welfare fraud investigator on a part-time basis violates her constitutional rights is
nothing more than a conclusory statement, and is thus not entitled to the presumption of
truthfulness. See Iqbal, 556 U.S. at 678. Without any facts alleged, the Plaintiff has not
advanced a plausible allegation that her constitutional rights were violated by virtue of
Investigator Cordon’s part-time status.
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Finally, Plaintiff also seeks to hold Ontario County liable for its employees’ actions under
the doctrine of respondeat superior. ECF No. 13 at 28. However, it is well settled that “[t]here
is no respondeat superior liability in § 1983 cases,” Green v. Bauvi, 46 F.3d 189, 194 (2d Cir.
1995) (citing Monell, 436 U.S. at 691), and a municipality is not subject to respondeat superior
liability or vicarious liability under § 1983 based on its employees’ actions. Pembaur v. City of
Cincinnati, 475 U.S. 469, 478 (1986).
For all of these reasons, the Plaintiff’s Amended Complaint puts forth only conclusory
allegations regarding the existence of a municipal practice or policy that violates her
constitutional rights. Accordingly, her claims against Ontario County are dismissed.
CONCLUSION
For all of the foregoing reasons, the Defendants’ Motion to Dismiss (ECF No. 15) is
GRANTED IN PART, and DENIED IN PART. The Motion is granted with respect to the
claims against ADA Dennis and Ontario County, and those parties are hereby dismissed from
this action.
The Motion is denied with respect to Deputy Cordon, although the qualified
immunity issue may be re-raised as part of a properly supported motion for summary judgment.
By separate order, this matter will be referred to a United States Magistrate Judge for all pretrial
matters, excluding dispositive motions.
IT IS SO ORDERED.
Dated: March 30, 2015
Rochester, New York
/s/ Frank P. Geraci, Jr.
HON. FRANK P. GERACI, JR.
Chief Judge
United States District Court
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