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Baumgarten v. Suffolk County

United States District Court, E.D. New York

August 19, 2014

BARBARA A. BAUMGARTEN, Plaintiff,
v.
SUFFOLK COUNTY, SUFFOLK COUNTY POLICE DEPARTMENT, P.O. LINDA LOLLO, P.O. RAPPERGER, P.O. MARESCA, SGT. KEARNS, TOWN OF BROOKHAVEN, and RAYMOND NEGRON, Defendants.

Barbara A. Baumgarten, pro se, Holtsville, NY, for Plaintiff.

Arlene S. Zwilling, Esq., Suffolk County Attorney's Office, Hauppauge, NY, for Defendants Suffolk County Defendants.

David H. Arntsen, Esq., Kelly E. Wright, Esq., Devitt Spellman Barrett, L.L.P., Smithtown, NY, Town Defendants.

MEMORANDUM & ORDER

JOANNA SEYBERT, District Judge.

Currently, the following motions are pending before the Court: (1) pro se plaintiff Barbara A. Baumgarten's ("Plaintiff") motion for reconsideration of the Court's July 31, 2013 Memorandum and Order (the "July 2013 Order, " Docket Entry 79) (Docket Entry 93); and (2) defendants Town of Brookhaven and former Assistant Brookhaven Town Attorney Raymond Negron's (together, the "Town Defendants") motion seeking Rule 54(b) certification (Docket Entry 84). For the following reasons, both motions are DENIED.

BACKGROUND

The Court presumes familiarity with the underlying facts of this case, which are detailed in the Court's July 2013 Order granting the Town Defendants' motion to dismiss. Accordingly, the Court will summarize only those facts relevant to the pending motions. Briefly, Plaintiff commenced this case on January 13, 2012 against Suffolk County, the Suffolk County Police Department, P.O. Linda Lollo, P.O. Rapperger, P.O. Maresca, Sgt. Kearns, and the Town Defendants pursuant to 42 U.S.C. § 1983 ("Section 1983") and the New York State Constitution for false arrest, malicious prosecution, an illegal search, and use of excessive force. At the time of her original Complaint, Plaintiff was represented by counsel.

With respect to the Town Defendants, Plaintiff alleges that on February 8, 2008 the Town Defendants falsely caused a search warrant to be issued at Plaintiff's residence. (Compl. ¶ 17.) Upon execution of that warrant, approximately twentyfour individuals from the Town and the Suffolk County Police Department broke into Plaintiff's residence while no one was home. (Compl. ¶ 18.) Some or all of those individuals, although Plaintiff does not specify who, then proceeded to photograph Plaintiff's home. (Compl. ¶ 19.) Subsequently, on or about March 19, 2009, the Town Defendants falsified an arrest warrant for Plaintiff claiming that she failed to make a court appearance in connection with a prosecution against Plaintiff. (Compl. ¶ 20.) As a result, Plaintiff was arrested on March 29, 2009 and on several occasions thereafter. (Compl. ¶¶ 22, 42.)

On July 31, 2013, this Court issued an Order dismissing all of Plaintiff's claims, both state and federal, against the Town Defendants based upon three grounds: (1) Plaintiff's claims were time-barred by the relevant statutes of limitations; (2) Plaintiff did not state a valid Section 1983 claim against the Town Defendants; and (3) Defendant Negron was entitled to absolute immunity.[1]

As a result of the Court's dismissal, the Town Defendants moved, on January 23, 2014, for an entry of a final judgment pursuant to Federal Rule of Civil Procedure 54(b). That motion and Plaintiff's motion for reconsideration of the July 2013 Order dismissing her claims against the Town Defendants are currently pending before the Court.

DISCUSSION

The Court will first address the Plaintiff's motion for reconsideration, followed by the Town Defendants' Rule 54(b) motion for final judgment.

I. Plaintiff's Motion for ...


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