Lachaab v. Zimpher et al
| Mohamed Lachaab |
| Nancy Zimpher, Robert Jones and Jorge Rodriguez |
| 1:2015cv00426 |
| April 10, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Randolph F. Treece |
| Frederick J. Scullin |
| Civil Rights: Education |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
19
JUDGMENT: It is ORDERED and ADJUDGED that because Plaintiff did not properly effect service on Defendants pursuant to Rule 4 of the Federal Rules of Civil Procedure, Defendants' motion to dismiss for improper service is GRANTED and Plaintiff 9;s complaint is DISMISSED without prejudice. The Court further ORDERS that, because individuals cannot be held liable under Title VII, Defendants' motion to dismiss the Title VII claims against them is GRANTED with prejudice. The Court further ORDERS that, to the extent that Plaintiff's complaint can be construed to allege a claim for civil malicious prosecution pursuant to 42 U.S.C. § 1983 against Defendant Rodriguez, that claim is DISMISSED with prejudice because Defendant Rodr iguez is entitled to absolute immunity. The Court further ORDERS that, to the extent that Plaintiff's complaint can be construed to allege Equal Protection claims against Defendants Zimpher and Jones, in their individual or official capacities, those claims are DISMISSED with prejudice. Judgment is entered in favor of Defendants. [Copy served upon pro se plaintiff via regular and certified mail.] (nmk)
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