Marc Anthony Mascuzzio v. Dr. Freddy E. Notarnicola Sr., John Notarnicola, and Amanda Notarnicola

Summary

The Eastern District of New York granted Marc Anthony Mascuzzio’s motion to proceed in forma pauperis but dismissed his 42 U.S.C. § 1983 complaint against private individuals for failure to state a claim. The court held that the complaint did not allege that the defendants acted under color of state law or in concert with government actors, and therefore did not state claims under the Fourth or Fourteenth Amendments. The court declined supplemental jurisdiction over the plaintiff’s state-law conversion and intentional-infliction-of-emotional-distress claims and granted leave to amend within 30 days.

Holdings

1. Plaintiff failed to state a § 1983 claim because he alleged no facts showing that Defendants acted under color of state law or were state actors.
2. Plaintiff failed to state Fourth or Fourteenth Amendment claims because he alleged no facts showing that Defendants acted in concert with government officials or otherwise engaged in state action.
3. The court declined to exercise supplemental jurisdiction over Plaintiff's state-law claims for conversion and intentional infliction of emotional distress after dismissing the federal claims, and dismissed those claims without prejudice.

Questions Presented

1. Whether Plaintiff stated a claim under 42 U.S.C. § 1983 where he named private individuals and alleged no facts showing that they acted under color of state law or in concert with government actors.
2. Whether Plaintiff stated Fourth or Fourteenth Amendment claims based on the alleged seizure and withholding of his property by private individuals.
3. Whether the court should exercise supplemental jurisdiction over Plaintiff's state-law conversion and intentional-infliction-of-emotional-distress claims after dismissing the federal claims.

Disposition

dismissed