Marozzi v. Catlin

Summary

This document is a combined Decision and Order and Report and Recommendation addressing Quentin A. Marozzi’s motion to file a third amended complaint in an action concerning religious dietary accommodations at the Monroe County Jail. The court permits amendment in part, including claims against certain proposed defendants and claims against Blake Catlin, but recommends denying claims based on New York jail regulations and finds the proposed municipal-liability allegations insufficiently pleaded. The document also discusses the magistrate judge’s authority over motions to amend.

Holdings

1. Claims under 9 NYCRR §§ 7024.6 and 7009.4 are futile because those state regulations do not create a private right of action.
2. Plaintiff's proposed amendment to add Monroe County as a defendant is denied as futile because the proposed third amended complaint fails to allege an official policy or custom causing the constitutional deprivation.
3. Adding Baxter and Vanduzee as defendants is denied as futile because Plaintiff fails to allege their personal involvement in the constitutional deprivation.
4. Plaintiff's motion to amend is granted to add Rivers and Derousie as defendants because the proposed third amended complaint sufficiently alleges their participation in the alleged constitutional violations.

Questions Presented

1. Whether Plaintiff's motion to amend complaint should be granted to add new defendants and claims
2. Whether proposed claims under 9 NYCRR §§ 7024.6 and 7009.4 would state a claim
3. Whether proposed Monell claim against Monroe County would survive
4. Whether proposed defendants Baxter and Vanduzee were sufficiently alleged to be personally involved
5. Whether proposed defendants Rivers and Derousie were sufficiently alleged to be personally involved

Disposition

other