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BARAKA v. McGREEVEY

No. 05-2361.

481 F.3d 187 (2007)

Amiri BARAKA, Appellant v. James E. McGREEVEY, individually; *Richard J.Codey, in his official capacity as Acting Governor of the State of New Jersey; State of New Jersey, a body corporate and politic; New Jersey State Council of the Arts, an agency and a body politic of the State of New Jersey; Sharon Harrington, individually and in her official capacity as Chairperson of the New Jersey State Council on the Arts; John Does 1-10; Mary Does 1-10; Unknown Agencies and Government Entities 1-10, unknown to plaintiff at this time, individually and in their official capacities *(Pursuant to Rule 43(c), F.R.A.P.).

United States Court of Appeals, Third Circuit.

Filed March 21, 2007.

Attorney(s) appearing for the Case

William D. Manns, Jr., Esquire, (Argued), Lee & Sanchez, Newark, NJ, Robert T. Pickett, Esquire, South Orange, NJ, for Appellant.

Lewis A. Scheindlin, Esquire, (Argued), Office of Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for Appellees.

Before SCIRICA, Chief Judge, NYGAARD, Circuit Judge, and YOHN, District Judge.

OPINION OF THE COURT

SCIRICA, Chief Judge.

This appeal arises from an action brought by Amiri Baraka under 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 2201 against officials, employees, and entities of the State of New Jersey. Baraka alleges defendants violated his constitutional rights by eliminating his position as poet laureate of New Jersey. The District Court dismissed Baraka's complaint under Fed.R.Civ.P. 12(b)(6) for failure to state...

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