Cross v. King

Cross v. King

Plaintiff:	Betty Cross
Defendant:	John B. King, Jr.
Case Number:	2:2014cv07394
Filed:	December 19, 2014
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Presiding Judge:	Steven I. Locke
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 22, 2015	Filing 17 ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction and for failure to state a claim. SO ORDERED that the Commissioners motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure is granted to the extent that all of Crosss claims against the Commissioner in his official capacity are barred by the doctrine of absolute immunity and are therefore dismissed with prejudice. Cross is, however, granted leave to amend her complaint to assert an individual capacity cl aim against the Commissioner. Any amended complaint in accordance with this Order must be filed within thirty (30) days from the date that the notice of entry of this Order is served upon Cross. Failure to file any amended complaint in a timely manner will result in the dismissal of this action with prejudice. Ordered by Judge Sandra J. Feuerstein on 10/22/2015. (Florio, Lisa)

Date Filed

Document Text

October 22, 2015

Filing 17 ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction and for failure to state a claim. SO ORDERED that the Commissioners motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure is granted to the extent that all of Crosss claims against the Commissioner in his official capacity are barred by the doctrine of absolute immunity and are therefore dismissed with prejudice. Cross is, however, granted leave to amend her complaint to assert an individual capacity cl aim against the Commissioner. Any amended complaint in accordance with this Order must be filed within thirty (30) days from the date that the notice of entry of this Order is served upon Cross. Failure to file any amended complaint in a timely manner will result in the dismissal of this action with prejudice. Ordered by Judge Sandra J. Feuerstein on 10/22/2015. (Florio, Lisa)

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Plaintiff: Betty Cross
Represented By:	John E. Ryan
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Defendant: John B. King, Jr.
Represented By:	Christina H. Bedell
Represented By:	Ralph Pernick
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