Van Patten v. City of Binghamton

MEMORANDUM — DECISION & ORDER

McAVOY, District Judge.

Plaintiff James Van Patten commenced the instant action pursuant to 42 U.S.C. § 1983 alleging violations of his Fourth and Fourteenth Amendment rights arising out of Defendants’ euthanizing his dog. Presently before the Court are: (1) Defendant Bugonian’s motion for abstention and/or partial summary judgment; (2) Defendant City of Binghamton and Jensen’s motion for abstention; and (3) Plaintiffs cross-motion for partial summary judgment.

I. BACKGROUND

Plaintiff was the owner of a mixed breed dog named Shadow. 1 On or about May 30, 2000,…