GIERLINGER v. NEW YORK STATE POLICE

No. CIV-89-686E.

738 F.Supp. 96 (1990)

Christine M. GIERLINGER, Plaintiff, v. NEW YORK STATE POLICE, Thomas Constantine, Individually and in his capacity as Superintendent of the New York State Police, William H. Anton, Individually and in his capacity as Director of Personnel of the New York State Police, Joseph M. Abate, Individually and in his capacity as Staff Inspector for the New York State Police, Joseph Ricotta, Individually and in his capacity as Staff Inspector for the New York State Police, John Gleason, Individually and in his capacity as Major and Troop Commander of Troop "A" of the New York State Police, George R. Berger, Individually and in his capacity as Captain of the New York State Police, David M. O'Connor, Individually and in his capacity as Captain of the New York State Police, Charles J. McCole, Individually and in his capacity as Lieutenant of the New York State Police, Peter F. Rougeux, Individually and in his capacity as Sergeant of the New York State Police, Gary W. Rowe, Individually and in his capacity as Sergeant of the New York State Police, Ronald J. Kucinski, Individually and in his capacity as Sergeant of the New York State Police, Thomas Anticola, Individually and in his capacity as Sergeant of the New York State Police, John C. Ensell, Individually and in his capacity as Investigator of the New York State Police, Defendants.

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

May 31, 1990.


Attorney(s) appearing for the Case

Pamela H. Thibodeau, Buffalo, for plaintiff.

Peter B. Sullivan, NYS Asst. Atty. Gen., Buffalo, for defendants.


MEMORANDUM AND ORDER

ELFVIN, District Judge.

This is an employment discrimination action brought under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. ("Title VII"); the Fourteenth Amendment to the federal Constitution; Article I, section 11 of New York's Constitution; section 40-c of New York's Civil Rights Law; section 296 of New York's Executive Law and a pair of common law tort theories (tortious abusive discharge and intentional...

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