Delaney v. City of Albany et al, No. 1:2018cv01193 - Document 35 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER accepting in whole 33 Report and Recommendations. Pltf's conspiracy claim is dismissed with prejudice as against all Defts. Insofar as Pltf attempts to set forth claims against Meaghan Speedling for her legal representation , including ineffective assistance of counsel or legal malpractice, those claims are dismissed with prejudice, but (1) the dismissal of any ineffective assistance of counsel claim is without prejudice to Pltf's seeking to commence a habeas corpu s case, should he choose to do so, and (2) the dismissal of any legal malpractice claim is without prejudice to Pltfs' seeking to address those claims in the appropriate state court, should he choose to do so. The Clerk is to add Assistant Publi c Defender Meaghan Speedling to the docket and thereafter terminate her from this action because Pltf has failed to demonstrate that she is a state actor for purposes of 42 U.S.C. 1983 and has otherwise failed to state a claim against her. Insofar as Pltf attempts to set forth claims for malicious prosecution or false arrest as it relates to his conviction for obstruction, these claims are dismissed without prejudice as barred by Heck v. Humphrey. Insofar as Pltf attempts to set forth a claim fo r retaliatory arrest in violation of the First Amendment against deft DiGuiseppe, this claim is dismissed with prejudice. The Clerk is to add Judge Gary F. Stiglmeier to the docket and thereafter terminate him from this action due to judicial immunity. Pltf's 17 Second Amended Complaint is deemed the operative pleading. The Clerk is to add Assistant District Attorney Brenda Baddam to the docket as a deft. Signed by Judge David N. Hurd on 3/9/20. (Copy served via regular mail)(sfp, )