Brescia v. McGuire

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

Plaintiff instituted this action under 42 U.S.C. § 1983 alleging that the suspension and revocation of his pistol licenses by the defendant 1 constituted a denial of due process and equal protection of the law in violation of the Fourteenth Amendment of the United States Constitution, and for a declaration of unconstitutionality of New York Penal Law (“N.Y.P.L.”) § 400.00(H), 2 the statute invoked in the revocation proceeding. Plaintiff also seeks restoration of his licenses, damages and attorneys’ fees.

Defendant has moved, pursuant to Rule…