X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER I. INTRODUCTION   In this action, Plaintiff Dorethea Franklin seeks damages from the City of Buffalo and one of its officers for violating her constitutional rights when the Buffalo police established a checkpoint outside her house and issued summonses to her two weeks after she publicly criticized the City’s checkpoint policy. Before this Court is Defendants’ motion for summary judgment (Docket No. 21), which this Court will deny, for the following reasons. II. BACKGROUND Unless otherwise noted, the following facts are undisputed for purposes of the motion for summary judgment. This Court takes the facts in the light most favorable to Franklin, the non-moving party. See Mitchell v. City of New York, 841 F.3d 72, 75 (2d Cir. 2016) (at summary judgment, a court “views the evidentiary record in the light most favorable to…the non-moving party”). Franklin occupies a house at 90 Cloverdale Avenue in Buffalo, New York. She identifies her neighborhood as an “area of color.” (Franklin Deposition, Docket No. 21-4 at p. 37.) On July 7, 2017, the Buffalo Police Department (“BPD”) set up a checkpoint on Cloverdale Avenue in front of Franklin’s house. (Id. at pp. 24-25; Pariseau Deposition, Docket No. 21-5 at p. 9.) During the checkpoint, Franklin felt unable to leave her house due to the police cars blocking her driveway. (Docket No. 21-4 at p. 39.) Franklin considered herself “held hostage” in her house. (Id. at p. 41.) In her complaint, Franklin alleges that the July 7, 2017, checkpoint was set up in retaliation for her speaking out against the City’s checkpoint policy in a television news interview two weeks earlier. (Complaint, Docket No. 1,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›

Exciting Career Opportunities at Nuzzo & Roberts! Nuzzo & Roberts, a leading mid-sized insurance defense firm based in Cheshire, CT...


Apply Now ›