Judge allows lawsuit against town of Greece to largely proceed

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A federal judge has denied most defense motions to dismiss portions of a lawsuit against the town of Greece and others.

Plaintiffs Ryan Murphy, Bethany Murphy, and their two children filed the complaint in January 2025 against: the town of Greece and Michelle Marini (town defendants); Karlee Bolaños and the law firm Bolaños Lowe PLLC (Bolaños Lowe defendants); and Jennifer Morales, Tracy Cass, and Cass & Morales Investigative Services LLC (Cass & Morales defendants).

The lawsuit claims nine causes of action, including violation of several Constitutional rights, retaliation, trespass, and unlawful search and seizure.

U.S. District Court Chief Judge Elizabeth A. Wolford dismissed claims against Marini in her official capacity.

“To the extent plaintiffs are attempting to name Marini in her official capacity, the Court agrees that any such claims should be dismissed and the suit may only proceed against Marini in her individual capacity,” Wolford wrote.

Wolford also granted the motion to dismiss filed by the Bolaños Lowe defendants to the extent it seeks to dismiss the claim that the plaintiffs’ due process rights were violated, but it was otherwise denied.

Town attorneys argued that the due process claim was duplicative of the plaintiffs’ third cause of action, which alleges a violation of the Fourth Amendment for the same conduct.

“The Court finds that plaintiffs’ substantive due process claim is subsumed by its claim under the Fourth Amendment and is therefore dismissed,” Wolford wrote..

A motion to dismiss by the Cass & Morales defendants was denied.

“Plaintiffs’ allegations that Bolaños Lowe, at the direction of the town, hired Cass & Morales to place a tracking device on the Murphy vehicle, and that a GPS tracker was ultimately installed on the vehicle, plausibly alleges commission of an overt act to further their goal. Thus, the town defendants’ and Bolaños Lowe defendants’ motions to dismiss this claim are denied,” Wolford wrote.

According to the complaint, the town took several actions against the Murphys because Ryan Murphy frequently criticized the town on online social media platforms.

The suit claims his posts were removed from the Nextdoor app and his ability to continue posting there was suspended because of his criticism.

The suit claims the town threatened to take “legal action” against the Ryans if he continued his posting about the town. And Ryan Murphy was banned from the town’s official Facebook page.

The suit also claims that the town police questioned Murphy’s neighbors about the Murphys and intimidated them by driving by their house and shining a spotlight at the house late at night.

The suit claims the town hired private investigators to put the family under surveillance and even put a tracking device on their car.

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