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Chanikka Davis-Payne v. John Galie

October 16, 2012

CHANIKKA DAVIS-PAYNE, PLAINTIFF,
v.
JOHN GALIE, THOMAS FOURNIER, THEODORE WEED, JOHN FASO, JOSEPH GIANQUINTO, NIAGARA FALLS POLICE DEPARTMENT, DOROTHY JONES, COUNTY CRIME TASK FORCE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Michael A. Telesca United States District Judge

DECISION AND ORDER

I. Introduction

Pro se plaintiff Channika Davis-Payne ("Davis" or "Plaintiff") commenced this action pursuant to 42 U.S.C. § 1983 asserting that Defendants violated her constitutional rights in connection with her arrest on October 5, 2005, and March 6, 2007, by the City of Niagara Falls Police Department for drug- and weapons-related offenses. After Defendants answered the Complaint, Plaintiff filed a Motion for Judgment on the Pleadings (Dkt #11). Defendant Dorothy Jones ("Jones"), an investigator with the New York State Police who was involved in the second arrest, filed responsive papers opposing the Motion for Judgment on the Pleadings (Dkt ##20, 21). The remaining defendants, who are police officers employed by the City of Niagara Falls Police Department ("the City Defendants"), filed a Motion to Dismiss Plaintiff's Complaint (Dkt #23). For the reasons discussed below, Defendants' motion is granted, and Plaintiff's Complaint is dismissed in its entirety against all defendants.

II. Background

A. The October 5, 2005 Search and Seizure

On October 5, 2005, Defendants executed a search warrant at Plaintiff's home. The warrant was based upon information obtained from confidential informant #26091, to whom Plaintiff sold illegal narcotics. See Declaration of Thomas M. O'Donnell, Esq. ("O'Donnell Decl."), ¶¶ 22-23 & Exhibit ("Ex.") A. During the search, Defendants found two handguns, a quantity of cocaine, and a digital scale, as detailed in the Search and Seizure Inventory. See id., ¶ 24 & Ex. B. As a result, Plaintiff was charged by a Felony Complaint with violating New York State Penal Law ("P.L.") § 220.50 (Criminal Possession of Drug Paraphernalia in the Second Degree (possession of a scale)); P.L. § 220.03 (Crminal Possesion of Controlled Substaince in the Seventh Degree) and P.L. § 265.02(4) (Criminal Possession of a Weapon in the Third Degree (possession of a loaded weapon)). Id., ¶ 25.

On October 25, 2008, Niagara Falls City Court Judge Robert M. Restaino determined that there was probable cause to believe that Plaintiff had committed these crimes. Accordingly, Plaintiff was ordered held for action by the Grand Jury under City Court Docket No. 08-58608. See id. & Ex. C.

On March 7, 2007, the three crimes charged in the Felony Complaint were dismissed as part of a plea entered by Plaintiff on an unrelated matter in Niagara County Court. See id. & Ex. D (Certificate of Disposition).

B. The March 6, 2007 Arrest

Plaintiff states that the actions forming the basis of her second claim occurred on March 7, 2007. Defendants could find no record of any actions on their part in regards to Plaintiff on March 7, 2007. Plaintiff, however, was arrested on March 6, 2007, pursuant to two Felony Information/complaints. Defendants have reasonably assumed Plaintiff intended to refer in her Complaint to the March 6, 2007 arrest.

As detailed in the two Felony Informations, Plaintiff sold a quantity of crack cocaine to undercover investigator Dorothy Jones of the New York State Police on February 21, 2007, at about 1:06 a.m. Plaintiff consequently was charged with violating P.L. § 220.39 (Criminal Sale of a Controlled Substance in the Third Degree and P.L. § 220.16 (Criminal Possession of a Controlled Substance in the Third Degree).

On June 13, 2007, Plaintiff appeared in Niagara Falls City Court, and Judge Restaino determined that there was probable cause to believe that Plaintiff had committed the crimes alleged. Plaintiff was held over and indicted by the Grand Jury. See O'Donnell Decl., ¶¶ 33-36 & Exs. E & F. These charges ultimately were dismissed as part of a plea agreement entered September 19, 2007, on an unrelated matter. See O'Donnell Decl., ¶ 37. The Certificate of Disposition, see Ex. D to O'Donnell Decl., indicates only that the matter was sealed and does not specify the nature of the plea agreement.

III. General Legal ...


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