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Rose v. County of Nassau

United States District Court, E.D. New York

November 9, 2012

Lawrence ROSE, Plaintiff,
v.
COUNTY OF NASSAU, Former Nassau County Executive Thomas Suozzi, Nassau County Executive Edward P. Mangano, Nassau County Police Department, and Nassau County Police Officer Michael F. Knatz, Defendants.

Page 245

Richard M. Gutierrez, Esq., Forest Hills, NY, for the Plaintiff.

Nassau County Attorney's Office, by: Ralph J. Reismann, Deputy County Attorney, Sanjay V. Nair, Deputy County Attorney, Liora M. Ben-Sorek, Deputy County Attorney, of Counsel, Mineola, NY, for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The Plaintiff in this case, Lawrence Rose (" Rose" ), commenced this action on February 2, 2012, against the Defendants the County of Nassau, former Nassau County Executive Thomas Suozzi, Nassau County Executive Edward P. Mangano, the Nassau County Police Department (" Police Department" ), and Nassau County Police Officer Michael F. Knatz, asserting causes of action pursuant to 42 U.S.C. § 1983 and New York State law. Presently before the Court is the Defendants' partial motion to dismiss the Plaintiff's claims pursuant to Federal Rule of Civil Procedure 12(b)(6) (" Rule 12(b)(6)" ). For the reasons set forth below, the Defendants' motion is granted.

I. BACKGROUND

A. Factual Background

The following brief facts are drawn from the Plaintiff's complaint. As required in reviewing a motion to dismiss, the Court accepts all of the alleged facts as true, and

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makes reasonable inferences in favor of the Plaintiff.

The Plaintiff alleges that on or about May 24, 2010, he was wrongfully searched and subsequently arrested for criminal possession of a weapon. The Plaintiff was in the parking lot of the Courtesy Hotel located in Nassau County at approximately 1:20am. Two plain-clothes officers were frisking another man when they suddenly approached the Plaintiff's car, knocked on the window, and ordered him to exit the vehicle. One of the officers then proceeded to search the Plaintiff's car without his consent. The officer found a dissembled gun in the trunk and a permit to carry the gun, which was issued in Pennsylvania.

The Plaintiff was arrested and charged with criminal possession of a weapon in the third and fourth degree. He was then detained in jail for three weeks. On March 21, 2011, almost a year later, all criminal charges against the Plaintiff were dismissed. The complaint does not specify the reason for the dismissal.

B. Procedural History

On June 13, 2011, Rose served a notice of claim on the Defendants. On February 2, 2012, Rose commenced the present action pursuant to 42 U.S.C. § 1983 and New York State law. He brought several causes of action in the complaint, including: (1) malicious prosecution under New York State law; (2) negligent hiring and training under New York State law, against all of the Defendants other than Police Officer Knatz; (3) false arrest and imprisonment under New York State law; and (4) false arrest, false imprisonment, and malicious prosecution under federal law, as well as municipal liability under federal law.

The Defendants now move pursuant to Rule 12(b)(6) for a partial dismissal of the Plaintiff's claims. The Defendants claim that: (1) the claims brought against Defendants Mangano and Suozzi are duplicative of the claims brought against the Defendant the County of Nassau; (2) the Defendant the Nassau County Police Department is a non-suable entity; (3) the pendent state law negligence claims made against all of the Defendants do not comply with the New York notice of claim statute; and (4) the pendent ...


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