Richard Bottom v. A. Patterson, in his/her official capacity, M. Krug, in his/her official capacity, Detective Sterlaceh, in his official capacity, City of Buffalo, Buffalo Police Department, Niagara County, and Niagara County Sheriff's Office

Summary

The United States District Court for the Western District of New York reviewed objections to a magistrate judge’s report and recommendation concerning defendants’ motion to dismiss claims arising under 42 U.S.C. § 1983 and related state law claims. The court adopted the report and recommendation with modifications, granted leave to amend the Second Amendment claim and certain federal claims to identify individual defendants, and otherwise dismissed the complaint. The motion to dismiss was granted in its entirety, and the case was referred back to the magistrate judge for further proceedings.

Holdings

1. A district court must conduct de novo review of the portions of a magistrate judge's recommendation to which a party objects, but need not review portions to which no objections are raised.
2. The claims against the individual defendants sued only in their official capacities and the claims against the City and County defendants failed under the Monell analysis and were dismissed.
3. The complaint was dismissed under Rule 12(b)(6), but Bottom was granted leave to amend the Second Amendment claim and to identify individuals with respect to the federal causes of action.

Questions Presented

1. Whether the district court should accept, reject, or modify the magistrate judge's Report and Recommendation after reviewing the parties' objections.
2. Whether the complaint stated viable claims under 42 U.S.C. § 1983 for unreasonable search and seizure, false arrest, failure to train or supervise, and violation of the Second Amendment.
3. Whether the official-capacity claims and claims against the City and County defendants failed under the Monell municipal-liability analysis.
4. Whether the complaint should be dismissed under Federal Rule of Civil Procedure 12(b)(6), with leave to amend certain claims.

Disposition

dismissed