GREENPORT GARDENS, LLC, KEVIN C. HUDSON, and MARIO CAPUANO, Plaintiff,
v.
VILLAGE OF GREENPORT, BUILDING DEPARTMENT & CODE ENFORCEMENT; ANDREW SMITH, individually and in his official capacity as Village of Greenport Fire Marshal, EDWIN WARD, individually and in his official capacity as Village of Greenport Code Enforcement Officer; EILEEN WINGATE, individually and in her official capacity as Village of Greenport Building Inspector; GEORGE W. HUBBARD, JR., individually and in his official capacity as Village of Greenport Mayor; JACK MARTILOTTA, individually and in his official capacity as Village of Greenport Deputy Mayor and Trustee; MARY BESS PHILLIPS, individually and in her official capacity as Village of Greenport Trustee; DOUGLAS W. ROBERTS, individually and in his official capacity as Village of Greenport Trustee; JULIA ROBINS, individually and in her official capacity as Village of Greenport Trustee; PAUL J. PALLAS, P.E., individually and in his official capacity as Village of Greenport Administrator; ROBERT BRANDT, individually and in his official capacity as Village of Greenport Treasurer; GREG MORRIS, individually and in his official capacity as Village of Greenport Code Enforcement Officer; and JOHN DOES and JANE DOES #1-10, individually and in their official capacities as employees, agents, and/or assigns of the Village of Greenport, Defendants.
United States District Court, E.D. New York
September 30, 2021
MEMORANDUM & ORDER
PAMELA K. CHEN, UNITED STATES DISTRICT JUDGE.
In 2018, Plaintiffs Greenport Gardens, LLC (“Greenport Gardens”); Kevin Hudson; and Mario Capuano[1] sued the Village of Greenport (the “Village”); the Village's Building Department & Code Enforcement; Village Code Enforcement Officer Greg Morris; Village Building Inspector Eileen Wingate; Village Mayor George W. Hubbard, Jr.; Village Deputy Mayor and Trustee Jack Martilotta; Village Trustees Mary Bess Phillips, Douglas W. Roberts, and Julia Robins; Village Administrator Paul J. Pallas, P.E.; Village Treasurer Robert Brandt; Village Fire Marshall Andrew Smith; and John/Jane Does #1-10. Plaintiffs filed an Amended Complaint on January 3, 2020, adding Village Enforcement Officer Edwin Ward as a defendant. The Amended Complaint alleges, pursuant to 42 U.S.C. § 1983, that various Defendants violated the Fourth, Fifth, Eighth, and Fourteenth Amendments of the United States Constitution. It also alleges that Ward, Wingate, Morris, and Smith committed common law trespass. Finally, the Amended Complaint asserts municipal liability against the Village and the other Defendants in their official capacities.
Defendants move to dismiss the Amended Complaint in its entirety. For the reasons below, the motion to dismiss is granted in part and denied in part. Plaintiffs' Fourth Amendment Search claims pursuant to Section 1983 may proceed as to Ward and Wingate, but are dismissed as to all other Defendants. Plaintiffs' Fifth Amendment Takings claims pursuant to Section 1983 are dismissed as to all Defendants. Plaintiffs' Eighth Amendment Excessive Fines claims pursuant to Section 1983 are dismissed as to all Defendants. Plaintiffs' Fourteenth Amendment Equal Protection claims pursuant to Section 1983 may proceed against Ward and Wingate, but are dismissed as to all other Defendants. Plaintiffs' trespass claims may proceed against Ward and
Wingate, but are dismissed without prejudice as to Morris and Smith. Plaintiffs' municipal liability claims are dismissed.
BACKGROUND
I. Factual Background
The Amended Complaint alleges the following facts, which the Court accepts as true for purposes of this motion. See Forest Park Pictures v. Universal Television Network, Inc., 683 F.3d 424, 429 (2d Cir. 2012).
In 2013, Greenport Gardens bought an apartment complex in the Village (the “Complex”). (Amended Complaint (“Am. Compl.”), Dkt. 22, ¶ 23.) The Complex is located at 124, 126-128, 133, and 135-137 Ludlum Place, Greenport, NY 11944. Since purchasing the Complex, Greenport Gardens and Hudson have “leas[ed] [] rental property to persons of Hispanic origin.” (Id. ¶ 38.)
Defendants Ward and Wingate, respectively, a Village Code Enforcement Officer and a Village Building Inspector, are responsible for authorizing and issuing tickets to properties in the Village that violate municipal codes. (See Id. ¶¶ 6-7, 31, 62.) On January 27, 2016, Hudson “received an email from [a Village] code enforcement [officer] indicating that a mandatory fire inspection needed to be performed on Greenport's rental property.” (Id. ¶ 29.) Plaintiffs “did not consent to or authorize an inspection.” (Id. ¶ 31.) Around January 28, 2016, however, “Hudson received a call from a tenant informing him that a code enforcement officer and building inspector were poking around Hudson's buildings [the day before] and talking with various tenants.” (Id. ¶ 30.)
The Complex has a basement, which Plaintiffs keep closed and latched except when the “individual Plaintiffs” use it for “storing tools, equipment, personal items including clothes, shoes etc., eating breakfast, lunch and/or dinner, making phone calls, relaxing, listen[ing] to music,
sleeping, reading, writing, doing paperwork and changing clothes on a regular basis during the week.” (Id. ¶¶ 25, 59.)[2] On February 1, 2016, Ward and Wingate “entered onto [P]laintiffs' property at 135-137 A-E and into the basement . . . without a warrant, [and] without the consent of the owners of the property or anybody with authority to go into the . . . basement.” (Id. ¶ 58.) Later that day, “a Greenport Gardens tenant called [] Hudson to tell him that he saw a code enforcement officer and [] Wingate at the building earlier in the day and that he chased them out of the basement and told them that tenants do not have access to the basement, ” and that “only the owners do.” (Id. ¶ 33.)
On February 2, 2016, Hudson met with Wingate. (Id. ¶¶ 36-37.) Wingate acknowledged that “Greenport [Gardens] [] had exclusive dominion and control over the closed and latched basement door located on the property and that Greenport Gardens [] did not consent to entry by anyone onto the property or into the basement.” (Id. ¶ 37.) “During Hudson's conversations with [] Wingate, ” Wingate also said that the Village currently had a “Spanish Problem.” (Id. ¶ 38.)
Between April 2015 and March 2016, Greenport Gardens and Hudson received tickets from the Village for “permitting parking of abandoned vehicles on their property, ” “creating a nuisance by having junk visible on their property, ” “allowing accumulation of litter, ” “accumulation of rubbish, ” and “failing to provide and/or maintain fire safety facilities and equipment.” (Id. ¶ 70.) The tickets have included fines totaling approximately $5, 000. (Id.)
From June 5, 2015 through April 24, 2017, Plaintiffs “visited the property of Doug Roberts, Jack Martilotta and Mayor Hubbard's mother and personally observed . . . the same things [Defendants were] charging [P]laintiffs with, ” including “peeled paint (including paint chips on
the grass), rubbish, debris and bicycles on the property, ” “dangerous electrical wires, ” and “abandoned and unregistered automobiles.” (Id. ¶¶ 28, 69.) For example, on November 19, 2015, Mayor Hubbard's mother had an unregistered vehicle in the driveway of her property.” (Id. ¶ 28.) These properties “were not occupied by residents of Spanish, Hispanic or non-white origin.” (Id. ¶ 69.) Plaintiffs requested information under the Freedom of Information Law and determined that these properties did not receive tickets for the violations. (Id.)
Around November 22, 2017, two workers were “changing an exterior door at [Greenport Gardens'] apartment 127 A.” (Id. ¶ 46.) Morris and Smith (a Village Code Enforcement Officer and a Village Fire Marshall, respectively), “pulled into the parking lot, ” which is “on [Plaintiffs'] property” and has “a big No Trespassing sign, ” and parked. (Id. ¶¶ 16-17, 47-49.) Morris and Smith got out of the car, approached the workers, and asked, “[W]hat is going on?” (Id. ¶ 49.) A worker said they were “just doing some work.” (Id. ¶ 50.) “Morris and Smith then walked over to the work area [and] proceeded to examine the door, ” and “Smith stuck his head into the temporary opening caused by the changing of the exterior door in order to peer into apartment 127 A.” (Id. ¶ 51.) Morris and Smith asked the workers about the work they were doing, and the workers responded that they were hanging a door. (Id.) Morris and Smith got back in their car and drove away. (Id.)
II. Procedural Background
On December 20, 2018, Plaintiffs sued Defendants in the Supreme Court of New York, Suffolk County. (See Notice of Removal, Dkt. 1, ¶ 1.) Plaintiffs served Defendants on April 8, 2019 (id. ¶ 2; Dkt. 1-1), and Defendants filed a notice of removal to this Court on April 22, 2019 (Notice of Removal, Dkt. 1).
Plaintiffs filed the Amended Complaint on January 3, 2020. (Am. Compl., Dkt. 22.) The Amended Complaint alleges, pursuant to Section 1983, that various Defendants violated the
Fourth, Fifth, Eighth, and Fourteenth Amendments of the United States Constitution. (Id. ¶¶ 57- 72.) It also alleges that Ward, Wingate, Morris, and Smith committed common law trespass. (Id. ¶¶ 73-94.) Finally, the Amended Complaint asserts municipal liability against the Village and the other Defendants in their official capacities.[3] (See generally Id. ¶¶ 4-18, 57-94.)
On December 18, 2020, Defendants moved to dismiss the Amended Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of jurisdiction and failure to state a claim on which relief may be granted. (See Defendants' Motion to Dismiss (“Defs.' Mot.”), Dkt. 32.) Plaintiffs filed a response in opposition to Defendants' motion, (see Plaintiffs' Memorandum of Law in Opposition (“Pls.' Opp'n.”), Dkt. 34), and...
