United States District Court, W.D. New York
JAMES R. LANGMEAD, Plaintiff,
MONROE COUNTY OFFICE OF THE SHERIFF, SHERIFF PATRICK M. O'FLYNN, CHIEF DEPUTY GARY CAIOLA, CHIEF DEPUTY STEVEN SCOTT, OTHER KNOWN OR UNKNOWN EMPLOYEES OF THE MONROE COUNTY OFFICE OF THE SHERIFF, Defendants.
Plaintiff: Charles Steinman, Esq., Jeffrey Wicks, PLLC.
Defendants: Adam M. Clark, Esq., Deputy County Attorney
Monroe County Department of Law.
DECISION & ORDER
CHARLES J. SIRAGUSA United States District Judge.
a civil rights case brought by a former sheriffs deputy
against the Monroe County Sheriff ("Sheriff') and
his Office and other employees of the Sheriffs Office.
Plaintiff James R. Langmead ("Langmead") alleges
that the Sheriff is incorrectly interpreting New York State
Public Officers Law Section 3(2)(b), by requiring that his
deputies reside within Monroe County, despite an exception in
the law for police officers. The Court previously denied
Plaintiff's application for a preliminary injunction and
declaratory judgment. Langmead v. Monroe Cty. Office of
Sheriff, No. 11-CV-6003-CJS, 2013 WL 3759958, at *1
(W.D.N.Y. July 15, 2013). Now before the Court is the
Sheriffs motion, ECF No. 37, seeking summary judgment. For
the reasons stated below, the motion is granted.
challenged the Sheriff's interpretation of New York
Public Officers Law Section 3(2)(b) in a 2006 action filed in
New York State Supreme Court. The Honorable Harold L.
Galloway, Justice of the New York State Supreme Court,
Seventh Judicial District, issued a decision and order on May
4, 2007, in which he determined that Langmead's challenge
was precluded by the four-month statute of limitations
applicable to actions brought under New York Civil Procedure
Law and Rule, Article 78. Justice Galloway dismissed
Langmead's action without the need to reach the
merits. Langmead v. O'Flynn, No.
06/13336 (N.Y. Sup. Ct. May 24, 2007). Langmead filed a
Notice of Appeal on June 11, 2007, but there is no evidence
in the record that the Appellate Division, Fourth Department,
considered the matter.
pleading, Langmead sets forth three causes of action as
follows: first, a claim pursuant to the Due Process clause of
the United States Constitution alleging selective enforcement
of the residency requirement within the Office of the
Sheriff, Compl. at 9 (First Cause of Action), Jan. 4, 2011,
ECF No. 1; a second Due Process claim based on his allegation
that no rational basis exists for treating deputies in a
police bureau differently from police officers under New York
Public Officers Law section 3(2)(b), Compl. at 10 (Second
Cause of Action); and a claim under 42 U.S.C. Section 1983,
alleging that Defendants acted under color of law in
enforcing a residency policy that deprived Langmead of his
property interest as an employee in violation of the Fifth
and Fourteenth Amendments, as well as the common law of the
United States, and the common law and constitution of New
York State, Compl. at 13 (Third Cause of Action).
case was referred to mediation on September 26, 2012.
Mediation took place on February 14, 2013, but was not
successful in resolving the case. See Mediation
Certificate, Feb. 14, 2013, ECF No. 22.
parties filed statements of fact pursuant to Western District
of New York Local Rule 56. The following is taken from
Defendants' Statement, ECF No. 37-3. The only objection
lodged by Plaintiff was to paragraph 21, which the Court will
address. Otherwise, Plaintiff admitted each of the statements
1. Plaintiff began his employment with the Monroe County
Sheriff's Office on September 30, 1991.
2. From his hire date until he resigned from employment on
April 29, 2010, Plaintiff served as a Police Bureau Deputy in
the Sheriffs Department.
3. The Plaintiff was aware of Monroe County policy and New
York State Law requiring him as an employee of the
Sheriff's Office to be a resident of Monroe County.
4. Prior to 2004 Plaintiff resided in Monroe County.
5. In 2004 Plaintiff sold his house in Monroe County and
purchased a house in Canandaigua, Ontario County.
6. Since he moved into the house in Canandaigua, the
Plaintiff has not had any other residence.
7. In May of 2004, the Plaintiff had a meeting with Monroe
County Sheriff Patrick O'Flynn to discuss the Monroe
County residence requirement.
8. At the time of this meeting the Plaintiff had purchased
the house in Canandaigua but had not yet moved in, and was
residing with his girlfriend in South Bristol in Ontario
9. Later in 2004, the Plaintiff was investigated by the
Sheriff's Office Internal Affairs Department
["IA"] related to his residence being outside the
10. As a result of that investigation Plaintiff was served
with disciplinary charges due to his residence being outside
11. The Plaintiff attended a plea meeting regarding those
charges with Sheriff O'Flynn, several members of the
Sheriffs Office Command Staff, and the Plaintiff's Union
Attorney, Patrick Naylon.
12. As a result of this plea meeting and the Plaintiff's
plea to the charge of living outside Monroe County the
Plaintiff received a letter of reprimand dated December 3,
13. The letter of reprimand ordered the Plaintiff to
establish residency within Monroe County within 30 days.
14. The Plaintiff submitted an employee change of data form
and a special report to the Undersheriff with the address of
Knollwood Manor Apartments at 22 Blackwatch Trail, Apartment
12, Town of Fairport, Monroe County.
15. The special report was filed in direct response to the
letter of reprimand's requirement to establish residency
within the County.
16. The Plaintiff did not ever pay any rent or deposit for an
apartment at Knollwood Manor, he never stayed in any
apartment at Knollwood Manor, he never had any of his
possessions in any apartment at Knollwood Manor, he did not
have a key to an apartment, and he never even entered the
apartment that was allegedly his at Knollwood Manor.
17. As a part of training with the Monroe County
Sheriff's Office, the Plaintiff also submitted the
Blackwatch Trail address on a registration form to Monroe
18. In 2007 the Plaintiff sent an email to the Sheriff's
Office that again claimed that 22 Blackwatch ...