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William R. Nolan v. The City of New York, et al. Civil Case No.: 19-cv-00187

ConstitutionNew Civil Action filed in the Eastern District of New York

William R. Nolan v. The City of New York, et al.Civil Case No.: 19-cv-00187

In a civil action seeking damages, a writ of mandamus, equitable relief in the form of an injunction, and a declaratory judgment, on January 9, 2019, Mr. Nolan (“Plaintiff”), by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a Complaint against THE CITY OF NEW YORK (“City”), and JOSEPH REZNICK, individually, and RAYMOND SPINELLA, individually, and LAWRENCE BYRNE, individually, and MICHAEL BARRETO, individually, and ASIF IQBAL, individually, (together, where appropriate, as “Defendants”), based upon Defendants’ collective violations of Plaintiff’s rights guaranteed to him by: (i) the Freedom of Speech and Right to Petition provisions of the First Amendment of the United States Constitution; (ii) the prohibition against unreasonable seizures provision of the Fourth Amendment of the United States Constitution, and (iii) the Second Amendment of the United States Constitution, each made applicable to the Defendants vis-à-vis the Due Process Clause of the Fourteenth Amendment of the United States Constitution, and all to be enforced vis-à-vis 42 U.S.C. § 1983 , alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters as follows:

Plaintiff is a retired and decorated New York Police Department (“NYPD”) Detective who dedicated much of his career to rooting out corruption in the NYPD. Indeed, Plaintiff began his career with the NYPD as a deep undercover officer, and worked on several investigations involving drug trafficking and illegal firearms sales by active duty, retired, and former NYPD officers. Thus, to protect himself and his wife from multiple threats, Plaintiff has chosen to exercise his Second Amendment right to keep and bear arms for self-protection by maintaining a New York City handgun license and five handguns.

In brief, Plaintiff alleges in his Complaint that members of the NYPD retaliated against him for complaints that he filed with the Internal Affairs Bureau (“IAB”) regarding the NYPD’s failure to properly investigate and act upon his prior complaints of aggravated harassment by a Staten Island resident that he had filed with the 121st Precinct in Staten Island as a private citizen. As a result of Plaintiff’s complaints, and emails that he sent to NYPD and IAB officers attempting to have the complaints properly addressed, the Defendants retaliated against Plaintiff by suspending his firearms license and confiscating his firearms, in violation of his First Amendment rights to free speech and to redress grievances, his Second Amendment right to keep and bear arms, and the Fourth Amendment prohibition against unlawful seizures, each made applicable to the Defendants vis-à-vis the Due Process Clause of the Fourteenth Amendment of the United States Constitution. Plaintiff further alleges that 38 RCNY § 5-30(d) - - which regulates firearm licensing and ownership - - is unconstitutionally vague and overbroad, allowing the NYPD to suspend a license holder's license and seize his/her firearms without a reasonable basis, or any basis at all, as was the case with the Plaintiff, which amounted to a destruction of Plaintiff’s Second Amendment rights. Accordingly, in addition to damages, Plaintiff seeks a declaration that 38 RCNY § 5-30(d) is unconstitutional, either facially or as applied.

A full recitation of Plaintiff’s allegations can be read in the Complaint.

If you have information relative to this matter, or if you feel that you have been subjected to a violation of your rights, please contact New York Employment Lawyers Borrelli & Associates, P.L.L.C. today for a consultation.

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