McCARTHY v. BD. OF TRUSTEES OF ERIE COMM. COLLEGE

No. 94-CV-616C(F).

914 F.Supp. 937 (1996)

Peter X. McCARTHY, Plaintiff, v. BOARD OF TRUSTEES OF ERIE COMMUNITY COLLEGE; and County of Erie; and Louis J. Ricci, Individually and as President of Erie Community College; and Sharon M. West, Individually and as Chair of Erie Community College Board of Trustees; and Louis J. Fasolino, Individually and as Vice-Chair of Erie Community College Board of Trustees; and Joseph D. Divincenzo, Individually and as Trustee of Erie Community College Board of Trustees; and John A. Michalek, Individually and as Trustee of Erie Community College Board of Trustees, and E. Jeannette Ogden, Individually and as Trustee of Erie Community College Board of Trustees, Defendants.

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

January 29, 1996.


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (Jennifer R. Willig, of counsel), Buffalo, New York, for Plaintiff.

Kenneth A. Schoetz, Erie County Attorney (Timothy J. Trost, Assistant County Attorney, of counsel), Buffalo, New York, for Defendants.


CURTIN, District Judge.

Plaintiff Peter X. McCarthy was discharged from his position as Vice President for Administration at Erie Community College ("ECC") in the summer of 1994. On August 26, 1994, he brought this action under 42 U.S.C. § 1983, naming ECC and Louis J. Ricci, ECC's President, as defendants. Item 1. On October 5, 1994, he filed an amended complaint, adding as defendants five members of ECC's Board...

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