Rosen & Bardunias v. County of Westchester

This action arises out of the alleged improper execution of a search warrant" by the defendant Jon N. Willcox. Contrary to the plaintiffs contentions, the Supreme Court properly dismissed the complaint against the defendant Carl A. Vergari, who was sued only in his official capacity as the former Westchester County District Attorney and properly dismissed those causes of action asserted against Willcox based on acts committed in his official capacity. In an order entered April 28, 1988, the Supreme Court dismissed those causes of action to recover damages for violation of civil rights which were asserted against the defendant Westchester County because the plaintiffs failed to allege an affirmative wrongdoing on its part. This determination was not disturbed on appeal (see, Rosen & Bardunias v County of Westchester, 158 AD2d 679 ). Municipalities may be held liable under 42 USC § 1983 only where the injury resulted from the "government’s policy or custom, whether made by its lawmakers or by those whose edicts or