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Date: 05-12-2022
Case Style:
Case Number: Ann M Donnelly
Judge: 2:17-cv-03049-AMD-JO
Court: United States District Court for the Eastern District of New York (kings County)
Plaintiff's Attorney: Amy Bellantoni
Defendant's Attorney: Ralph J. Reissman
Description: Brooklyn, New York civil rights lawyer represented Plaintiff, who sued Defendant claiming it violated his constitutional rights.
Victor Juzumas sued Nassau County (the “County”) and five “John Doe”
law enforcement officers (the County and the individuals together, “Defendants”)
for alleged constitutional violations arising from their enforcement of New York
Penal Law § 400.00(11)(c). Juzumas alleges that the County’s policy interpreting
and applying § 400.00(11)(c) is broader than the law itself, and unconstitutional as
it was applied to him.
Outcome: 2
for alleged constitutional violations arising from their enforcement of New York
Penal Law § 400.00(11)(c). Juzumas alleges that the County’s policy interpreting
and applying § 400.00(11)(c) is broader than the law itself, and unconstitutional as
it was applied to him. The United States District Court for the Eastern District of
New York (Donnelly, J.) disagreed, finding that the County acted to enforce a
mandatory provision of state law and as a result was not a proper defendant under
Vives v. City of New York, 524 F.3d 346 (2d Cir. 2008). It granted Defendants’ motion
for summary judgment on Juzumas’s First, Second, and Fourth Amendment
claims, related Monell claims, and Section 1983 conspiracy claim. Juzumas appeals
the district court’s order. We AFFIRM the order of the district court in part, except
to the extent that it failed to reach a n adequate determination on the County’s
longarms possession policy. We VACATE and REMAND in part for the district
court to address that aspect of Juzumas’s Second Amendment and Monell claims.
Plaintiff's Experts:
Defendant's Experts:
Comments: