KIRWIN v. NEW YORK STATE OFFICE OF MENTAL HEALTH

No. 86 CV 3962.

665 F.Supp. 1034 (1987)

Barbara KIRWIN, Plaintiff, v. NEW YORK STATE OFFICE OF MENTAL HEALTH, Dr. Steven Katz, Eileen Schmitz, Sam Herman, Sam Markow, Larry Kotkin, Loretta Fox, Dr. Safa Sarabeyilou, "John Does", denoting persons presently unknown to plaintiff, individually and in their official capacities, Defendants.

United States District Court, E.D. New York.

July 25, 1987.


Attorney(s) appearing for the Case

Block & Hamburger, Smithtown, N.Y. by Frederic Block and Richard Hamburger, for plaintiff.

Robert Abrams, Atty. Gen., State of N.Y., New York City by Frederic L. Lieberman, Asst. Atty. Gen., for defendants.


MEMORANDUM AND ORDER

PLATT, District Judge.

Defendants move pursuant to Federal Rule of Civil Procedure 12(b) to dismiss plaintiff's Title VII and pendent State claims and to dismiss, in part, plaintiff's claim under 42 U.S.C. § 1983. For the reasons set forth below, defendants' motion is granted in part and denied in part.

Plaintiff alleges in her complaint as follows:

On March 5, 1984, Robert Venegas, a patient at Creedmore Hospital...

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