Driskell v. New York City et al
| Cheryl Driskell |
| Portia Campbell, Principal Ellen Carlisle, Ms. Carrington, Rick King, N.Y.C. Board of Education, New York City, Walter O'Leary, Brenda Hawkins Pegan, Paula Bell and Howard Solomon |
| United Federation of Teachers |
| 1:2011cv04915 |
| October 7, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| James Orenstein |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
19
MEMORANDUM DECISION AND ORDER: Defendants have moved to dismiss the amended complaint on the ground, inter alia, that it is barred by the applicable statute of limitations. The motion must be granted. Accordingly, defendants' mot ion to dismiss is granted, and plaintiff's federal claims are dismissed. To the extent she has asserted any state law claims that are not time barred, those claims are dismissed without prejudice. The Court certifies, pursuant to 28 U.S.C. &# 167; 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED by Judge Brian M. Cogan, on 4/24/2012. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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Filing
5
MEMORANDUM DECISION AND ORDER, The Court grants pltff's motion to proceed in forma pauperis pursuant to 28 USC sec. 1915(a) solely for the purpose of this order. For the reasons set forth herein, pltff's amended complaint is dismissed as to defts the City of NY, the Board of Education of the City of NY, the United Federation of Teachers (the "UFT"), Rick King, Walter O'Leary, Brenda Hawkins Pegan, and Howard Solomon for failure to state a claim. The action is hereby refe rred to Magistrate Judge Orenstein for all pretrial matters. Pltff has asserted colorable federal claims against the remaining defts, including for a denial of equal protection based on employment discrimination, and for retaliation based upon pltff 's exercise of her First Amendment right to free speech. Sua sponte dismissal as to these claims and defts is therefore inappropriate. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 12/23/2011) c/m by chambers. (Galeano, Sonia)
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