A dog walker at the Town of Hempstead Animal Shelter has filed a lawsuit against the town and several town officials, alleging violations of his constitutional rights after he was banned from all town facilities.
According to the lawsuit filed by Nicholas Febrizio, he had been volunteering at the Hempstead Animal Shelter since September 2023 and began advocating for a dog named Titan. He observed Titan being held in solitary confinement and was informed that the town intended to euthanize the dog. Febrizio subsequently created a Facebook page titled "Save Titan" to oppose the planned euthanasia. The online campaign attracted attention, including from town officials.
On April 9, 2025, Febrizio received a suspension letter signed by John L. Maccarone, the town's attorney. The letter stated that Febrizio had violated volunteer guidelines and imposed an immediate ban from all town facilities pending further investigation. Febrizio claims the ban was in response to his advocacy and social media activity concerning Titan and alleges that the action violated his First and Fourteenth Amendment rights, including free speech, assembly, and due process.
Febrizio is seeking $5 million each for alleged retaliation under the First and Fourteenth Amendments and for procedural due process violations; $2.5 million each for substantive due process claims; $3 million each for stigma-plus claims and conspiracy to violate civil rights. He also seeks declaratory relief to void the suspension letter, along with attorney fees and litigation costs.
Febrizio is represented by attorney Amanda R. Disken of The Disken Law Firm, P.C. The case was filed in the United States District Court for the Eastern District of New York under Case ID 2:25-cv-02412 and is presided over by Judge Ari Schulman.