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RONIGER v. McCALL

No. 97 Civ. 8009(RWS).

22 F.Supp.2d 156 (1998)

George P. RONIGER, Plaintiff, v. H. Carl McCALL, individually and as Comptroller of the State of New York, and Rosemary Scanlon, individually and as State Deputy Comptroller for the City of New York, Defendants.

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

September 15, 1998.

Attorney(s) appearing for the Case

Law Office of John A. Beranbaum by John A. Beranbaum, Michael Paley, New York City, for Plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison by Maria H. Keane, Robert S. Smith, Debo P. Adegbile, New York City, for Defendants.

OPINION

SWEET, District Judge.

Defendants H. Carl McCall ("McCall") and Rosemary Scanlon ("Scanlon") (collectively, the "Defendants"), have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss this action on the grounds that the Eleventh Amendment to the Constitution bars the claims against Defendants in their official capacities, Defendants are immune from suit in their individual capacities on the claims alleged pursuant...

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