Attorney moves to dismiss suit

WATKINS GLEN--A motion to dismiss the lawsuit by Brandon Matthews, the former Sergeant in Charge of the Watkins Glen Police Department, and his wife Danielle, has been filed by the legal team representing the village and mayor, Monday, May 24. The motion, a copy of which was obtained by the REVIEW&EXPRESS, includes a number of exhibits to support the request for dismissal.
In late January, of 2021, the details of a notice of claim against the village and mayor became public after a local podcast interview by Matthews. The eight-page claim alleged defamation; abuse of process; violations of personal privacy rights, including those provided under the civil rights law; sexual harassment; retaliation against claimants; among other charges. The actual complaint was subsequently filed on April 8, 2021, and "largely mirrors" the notice of claim according to court documents.
In Monday's Notice of Motion, attorney Daniel S. L. Rubin said they will move before the court on June 9 for "dismissing this action in its entirety and granting such other and further relief as this court deems just and proper."
In the memorandum of law to support the defendants, it states, "Each of plaintiffs' seven causes of action arises out of the false and facially improbable premise that (Luke) Leszyk, acting in his capacity as the mayor of the village of Watkins Glen, masterminded a grand conspiracy involving members of the New York State Police ("NYSP"), a Schuyler County Court Judge, and four other members of the village's board of trustees. According to plaintiffs, the purpose of this conspiracy was to terminate Brandon from his position as the Sergeant in Charge of the Watkins Glen Police Department ("WGPD") in August of 2020..."
On Aug. 5, 2020 state police and the Elmira Police Department executed a search warrant, signed by Schuyler County Court Judge Matthew Hayden, at the Matthews' home related to the suspicion of marijuana at the site. An earlier search warrant allowed the use of "Forward Looking Infrared" mounted on a helicopter to inspect a barn at the location.
According to the court papers, "On Aug. 6, 2020, Investigator Backer submitted an inventory to the Schuyler County Court identifying the following items seized from the plaintiffs' home, outbuildings and surrounding property during the Aug. 5 search: "41 marijuana plants in various stages of growth, marijuana, digital scale, packaging materials, marijuana seeds, stolen property...."
A grand jury would go on to not indict Brandon Matthews.
However, the new documents state, "his failure to detect felonious activity in his own barn...raised serious concerns about his competency to serve as the village's chief law enforcement officer," as it related to his employment, specifically, his delayed return to duty and a demotion.
The motion also says Matthews had been informally disciplined and did not pass the New York State Sergeants' exam.
When addressing the alleged quid pro quo sexual harassment, the defense attorney's document states it is "entirely contrived and false."