Dziekan v. Gaynor

RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

EGINTON, Senior District Judge.

This action arises from defendant Patrick Gaynor’s shooting of a dog owned by-plaintiff Craig Dziekan. Plaintiff alleges violation of his substantive due process and Fourth Amendment rights under the United States Constitution (counts three and four). He also asserts that defendants are liable for negligent and intentional infliction of emotional distress (counts one and five). Plaintiff has withdrawn his Fourteenth Amendment takings claim (count two), and his claim of negligent supervision (count six).

Defendants…