Darnell v. Lloyd

RULING ON PENDING MOTION

BLUMENFELD, District Judge.

The plaintiff in this case is suing the state Commissioner of Health 1 in order to have the sex recorded upon her birth certificate changed from “male” to “female.” She claims that the Commissioner’s refusal to make this change is state action violative of certain of her constitutional rights, and thus brings this suit under 42 U.S.C. § 1983 (1970). 2 The Commissioner claims that he has done nothing that violates the plaintiff’s constitutional rights, moving either to dismiss for failure to state a claim upon which relief can be granted or…