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Ficklin v. Rusinko

DECISION AND ORDER


ELIZABETH A. WOLFORD, United States District Judge


Plaintiff Terrick Ficklin (“Plaintiff”) commenced this action on April 20, 2018, alleging that Parole Officers Douglas Rusinko (“P.O. Rusinko”) and Carl Jason (“P.O. Jason”) unlawfully arrested him and subjected him to an unwarranted and illegal body cavity search in order to obtain information about crimes unrelated to his parole status. (Dkt. 1). Plaintiff also alleges that Parole Officer Kathryn VanDusen (“P.O. VanDusen”) unlawfully arrested him on a separate occasion without a warrant. (Id. at 15-16). Plaintiff asserts claims against P.O. Rusinko, P.O. Jason, and P.O. VanDusen (collectively, “Defendants”) under the Federal and New York State Constitutions, 42 U.S.C. § 1983, the New York Civil Rights Law, and New York common law. (Id. at 7-17).


Presently before the Court is Defendants’ motion to dismiss for failure to state a claim. (Dkt. 5). For the following reasons, Defendants’ motion is granted in part and denied in part.


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