Pirolli v. Mohegan Tribal Gaming Authority

WILSON, Judge.

This is an action brought in three counts seeking to recover monetary damages for alleged (1) negligent infliction of emotional distress; (2) discrimination because of physical disability; and (3) violation of the Indian Civil Rights Act, 25 U.S.C. Sec. 1302(8). The defendant has moved to dismiss all three counts. For the reasons which follow, the defendant’s motion to dismiss must be granted.

I

In his first count the plaintiff alleges that he was a full time employee of the defendant who was terminated for violation of the defendant’s attendance policy. He claims that the…