in a civil rights claim alleging violations of the plaintiff’s Fourth Amendment rights.
The plaintiff, a convicted sex offender, alleged that the Sheriff’s Investigators and a City of Niagara Falls Police Detective illegally entered a house he rented during an investigation into his residency. The Sheriff’s Investigators also sought to question the plaintiff concerning an open missing persons case.
A motion to dismiss the suit was brought by Webster Szanyi LLP and was granted by United States District Court Judge Richard J. Arcara. The District Court’s decision was affirmed by the Second Circuit Court of Appeals, including the argument that the plaintiff’s claim was barred by the statute of limitations. Webster Szanyi Associate Andrew Dylan assisted Mr. Graney with the brief to the Second Circuit and successfully defending the plaintiff’s appeal.