Lasky v. McHugh

RULING ON DEFENDANT’S MOTION TO DISMISS

ALVIN W. THOMPSON, District Judge.

The pro se plaintiff, Raymond Lasky (“Lasky”), brings this action against the Secretary of the Army, John McHugh, in his official capacity (“McHugh”), pursuant to 42 U.S.C. § 1983, claiming violations of his rights under the Fourth, Fifth, Sixth, Thirteenth and Fourteenth Amendments of the United States Constitution. His claims arise, from his bad conduct discharge from the United States Army in 1951.

McHugh moves to dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) and also moves, in…