U.S. District Judge Thomas McAvoy in Albany, N.Y., dismissed claims by the National Rifle Association that Gov. Andrew Cuomo wrongfully targeted the gun rights group for illegally marketing the Carry Guard insurance product in the state, Bloomberg News reported.
Claims against the governor, in his official capacity, and the Department of Financial Services, or DFS, were scrapped. However, claims against Cuomo in his individual capacity are still pending, according to the report.
A First Amendment claim against former DFS head Maria Vullo remains, although the judge tossed a "selective enforcement" claim against her. The judge opined that it was "plausible to conclude" that certain statements made by Vullo to regulated insurers and banks can be seen as a "veiled threat" to sever ties with the NRA or the DFS could take "enforcement action."
A lawyer for the NRA told the newswire that the judge's decision reaffirms that all public officials are "accountable under the First Amendment."