Broomer et al v. Huntington Union Free School District et al
| Marilyn Broomer and Kristin Kopf |
| Carmen Casper, John Finello, Joseph Giani, Huntington Union Free School District and James Polansky |
| 2:2012cv00574 |
| February 7, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Denis R. Hurley |
| A. Kathleen Tomlinson |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
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Filing
23
MEMORANDUM AND ORDER granting 19 Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the attached Memorandum & Order, defendants' motion to dismiss is granted. Because amendment would be futile regarding plaintiffs& #039; due process claim, it is dismissed with prejudice. As for plaintiffs' equal protection claim, it cannot proceed under a disparate impact theory and it appears that plaintiffs do not intend to proceed on an intentional discrimination equal protection claim. Finally, although plaintiffs did not request leave to amend, the Court cannot definitively say that amendment would be futile regarding plaintiffs' NYSHRL claim. Therefore, to the extent that plaintiffs have a good faith bas is to plead additional facts that would cure the pleading deficiencies noted above, they may file an amended pleading within thirty (30) days of this Memorandum and Order. If plaintiffs do not file an amended pleading within this time frame, their opportunity to amend shall be deemed waived, judgment will be entered, and the case will be marked closed. Ordered by Judge Denis R. Hurley on 8/13/2013. (Spatola, Richard)
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