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DOLAN v. ROTH

No. 103CV538.

325 F.Supp.2d 122 (2004)

James J. DOLAN, Plaintiff, v. Arthur ROTH, Commissioner; New York State Department of Taxation, et al., Defendant.

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

July 13, 2004.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., Esq., Albany, for Plaintiff.

Hon. Eliot Spitzer, Attorney General of the State of New York, Albany, NY (Robert A. Siegfried, Asst. Attorney General, of Counsel), for defendants.

Introduction

McCURN, Senior District Judge.

Plaintiff James Dolan is a self-described "outspoke[n] and vigorous activist in that Democratic party in the City of Hudson, located in Columbia County, State of New York." Complaint ("Co.") at 10, ¶ 26. In this action, brought pursuant to 42 U.S.C. § 1983, plaintiff alleges that his First Amendment and Equal Protection rights were violated when defendants terminated him in retaliation for his...

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