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Henry v. County of Nassau

Guns' Removal, Concealed Carry Pistol License's Revocation Not Shown Due to Race

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MEMORANDUM & ORDER   Plaintiff Lambert Henry (“Plaintiff” or “Henry”) brought this action against Defendants County of Nassau (“County”), Nassau County Police Department (“Police Department”), former Acting Commissioner Thomas Krumpter, Commissioner Patrick Ryder, Lieutenant Marc Timpano, Sergeant Adam Fischer, Deputy Sheriff Stephen Triano, Deputy Sheriff Jeffery Kuchek, Deputy Sheriff Mark Simon, and Deputy Sheriff Jeffrey Toscano (collectively, “Defendants”). Plaintiff seeks a declaratory judgment, monetary damages, and injunctive relief related to Defendants’ alleged violation of Plaintiff’s Second Amendment rights under 42 U.S.C. §1983, including Monell liability, and alleged violation of 42 U.S.C. §19811 “based upon Defendants’ policy or practice to deter ownership of all firearms and with the intention and effect of reducing pistol license ownership, most especially in the non-white communities of Nassau County.” Plaintiff seeks punitive damages under 42 U.S.C. §1983 and legal fees under 42 U.S.C. §1988(b). Presently before the Court is Defendants’ motion to dismiss the Third Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons set forth below, the motion is granted. BACKGROUND The following allegations are taken from the Third Amended Complaint (“TAC”), including the documents attached thereto,2 and assumed true for purposes of this motion, unless otherwise noted. I. Confiscation of Plaintiff’s Handguns Plaintiff is an African American retired New York City Corrections Officer. (TAC

32, 88.) On October 20, 2014, Plaintiff’s daughter, Brittany Janesse Henry, commenced an action against him in the Nassau County Family Court following an argument with him about her school grades. (TAC

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