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TORCIVIA v. SUFFOLK COUNTY, NEW YORK

Docket No. 19-4167 August Term, 2020.

17 F.4th 342 (2021)

Wayne TORCIVIA, Plaintiff-Appellant, v. SUFFOLK COUNTY, NEW YORK, Police Officer James Adler, individually and professionally, Police Officer Philip Halpin, individually and professionally, Police Officer Robert Verdu, individually and professionally, Mary Catherine Smith, individually, Kristen Steele, individually, Dianna D'Anna, individually, Adeeb Yacoub, M.D., individually, Defendants-Appellees. Investigator Thomas Carpenter, individually and professionally, Captain William Scrima, individually and professionally, Police Officers John Doe 1 & 2, individually and professionally, who responded to Plaintiff's home at 60 Creighton Avenue, Lake Ronkonkoma, New York with Officer Adler around 12:00 a.m. on April 6, 2014, Police Officers John DOE 3 & 4, individually and professionally, who confiscated Plaintiff's weapons from his home on April 6, 2014, Police Officers John Doe 5-15, individually and professionally, Bridget Walsh, individually, Michelle Sanchez, individually, Timothy J. Aiello, individually, John and Jane Does 1-10, individually, Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 9, 2021.

Attorney(s) appearing for the Case

Amy L. Bellantoni , The Bellantoni Law Firm, PLLC, Scarsdale N.Y., for Plaintiff-Appellant Wayne Torcivia.

Arlene S. Zwilling ( Dennis M. Cohen , on the brief), Office of the Suffolk County Attorney, Hauppauge, N.Y., for Defendants-Appellees Suffolk County, New York, Police Officer James Adler, Investigator Thomas Carpenter, Captain William Scrima, Police Officer Philip Halpin and Police Officer Robert Verdu.

David Lawrence III , Office of the New York Attorney General, New York, N.Y., for Defendants-Appellees Dianna D'Anna, Kristen Steele, and Adeeb Yacoub, M.D.

Scott Christesen , Fumuso, Kelly, Swart, Farrell, Polin & Christesen LLP, Hauppauge, N.Y., for Defendant-Appellee Mary Catherine Smith.

Before: CABRANES, LYNCH, and CARNEY, Circuit Judges.

The primary issue presented by this appeal concerns the boundaries of the Fourth Amendment's prohibition on warrantless seizures.

Shortly after midnight on April 6, 2014, Suffolk County police officers came to the home of Plaintiff-Appellant Wayne Torcivia in response to what was described to them as a violent domestic...

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