Koch v. Zuieback

THURMOND CLARKE, District Judge.

This matter is before the court on motion of defendant Zuieback to dismiss the action on the ground that plaintiff’s complaint fails to state a claim upon which relief may be granted. Expressing no opinion on the merits of plaintiff’s claim, the court is loath to appear to condone the lengthy history of continued harassment alleged in this case by denying plaintiff his day in court. Nevertheless, it must be concluded, albeit reluctantly, that the overwhelming weight of authority dictates that defendant’s motion to dismiss must be granted.

Plaintiff brought this…