Judge William Kuntz
Stopping Nasca’s car, police officer issued Nasca a traffic summons for failure to wear a seatbelt. At Traffic Violation Bureau hearing, Nasca was found guilty and fined. The fine was successfully appealed and Nasca’s money returned. Although an Article 78 proceeding over his Nasca’s Freedom of Information Law requestfor location data for Conklin’s car when the summons was issuedwas resolved in Nasca’s favor, the requested records had been lost. District court granted defendants summary judgment dismissing Nasca’s civil rights lawsuit under 42 USC §§1983, 1985, 1986 and 1988. His unreasonable search and seizure claim failed given Supreme Court and Second Circuit precedent that a routine traffic stop does not implicate Fourth Amendment rights. Noting the refund of Nasca’s money, the court found the record did not reflect any deprivation of liberty or property, nor was Nasca denied access to process and remedies available to contest any perceived deprivation. In dismissing Nasca’s §1983 First Amendment claim, the court observed he was not chilled from suing municipal actors. Nor did Nasca introduce evidence supporting his allegation that he was stopped in retaliation for a prior suit against another police officer.
