Torcivia v. Suffolk County, New York, No. 19-4167 (2d Cir. 2021)
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Shortly after midnight, Suffolk County police officers went to Torcivia’s home in response to what was described as a violent domestic incident, after Torcivia’s daughter called an emergency child protection hotline. The officers determined that Torcivia, who admittedly had been drinking, needed to be transported to a state-run mental health facility for evaluation. While he was at the facility, the officers seized his firearms from his home pending further investigation. Torcivia argues that in doing so, the officers acted pursuant to an official county policy or custom that violated the Fourth Amendment, making the county subject to “Monell” liability.
The Second Circuit affirmed the dismissal of Torcivia’s 42 U.S.C. 1983 claims. Although the evidence permitted a reasonable jury to find that it was a “standard procedure” for county officers to temporarily take action to “safeguard weapons until whatever investigation is done” if “there is a domestic incident and somebody is transported to CPEP,” the county is not liable under Monell. The policy falls within the “special needs” exception to the Fourth Amendment’s warrant requirement; under these circumstances, the county’s policy did not cause a violation of Torcivia’s Fourth Amendment rights. Employees of the state-run mental health facility were entitled to qualified immunity under federal and New York law for claims related to their alleged failure to discharge Torcivia promptly.
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