CLARKE v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Civ. A. No. 84-1754.

654 F.Supp. 712 (1985)

Andrew W. CLARKE, Jr., Plaintiff, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.

United States District Court, District of Columbia.

August 30, 1985.


Attorney(s) appearing for the Case

H. Vincent McKnight, Ashcraft & Gerel, Washington, D.C., for plaintiff.

Richard W. Beebe, Robert L. Polk, Associate Gen. Counsel, Dominick L. Arleo, Asst. Gen. Counsel, WMATA, Washington, D.C., for defendant.


MEMORANDUM

FLANNERY, District Judge.

This matter is before the court on defendant's motion to dismiss based on defendant's immunity from suit under the eleventh amendment to the United States Constitution. The plaintiff has also moved to amend his complaint to include a Bivens -type constitutional tort claim. For reasons set forth below, defendant's motion to dismiss is granted and plaintiff's motion to amend his complaint is denied.

I. ...

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