Epstein v. County of Suffolk et al
Steven Epstein |
Pina Britton, County of Suffolk, Carla Mazzarelli, Suffolk County Community College and Jeffrey Tempera |
2:2014cv00937 |
February 12, 2014 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arlene R. Lindsay |
Joanna Seybert |
Civil Rights: Americans with Disabilities - Employment |
42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
Plaintiff |
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Filing 29 MEMORANDUM & ORDER granting 20 Motion to Dismiss for Failure to State a Claim: Defendants motion to dismiss is GRANTED in its entirety. (Docket Entry 20.) Plaintiffs due process claim is DISMISSED WITHOUT PREJUDICE for lack of subject matter juri sdiction, and the remaining claims are DISMISSED WITH PREJUDICE. The Clerk of the Court is respectfully directed to enter judgment in favor of Defendants and to mark this matter CLOSED. SO Ordered by Judge Joanna Seybert on 8/11/2016. (Tirado, Chelsea) |
Filing 16 MEMORANDUM & ORDER granting 6 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion to dismiss is GRANTED. Specifically, Plaintiff's ADA and ADEA claims against the individual Defendants, as well as Plaintiff's First Amendment retaliation claims are DISMISSED WITH PREJUDICE. Plaintiff's claims for discrimination under the ADA and ADEA, as well as Plaintiff's Equal Protection Clause, Due Process Clause, hostile work environment claims, and Section 1983 claim against the County are DISMISSED WITHOUT PREJUDICE and WITH LEAVE TO REPLEAD. If Plaintiff wishes to file an Amended Complaint he must do so within thirty (30) days of the date of this ORDER. If Plaintiff fails to file an Amended Complaint the ADA, ADEA, Equal Protection Clause, Due Process Clause, hostile work environment claims, and Section 1983 claim against the County will be DISMISSED WITH PREJUDICE. So Ordered by Judge Joanna Seybert on 8/26/2015. C/ECF (Valle, Christine) |
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