Kufalk v. Hart

ORDER

ROSZKOWSKI, District Judge.

Before the court are defendants’ motions to dismiss. The court’s subject matter jurisdiction is asserted to rest upon 28 U.S.C. § 1343 (1982) and 42 U.S.C. § 1983 (1982). For the reasons set forth herein, defendants’ motions are denied.

I. BACKGROUND

Plaintiff’s complaint alleges a violation of § 1983 and also alleges pendent state tort and contract actions. For purposes of the present motions, the facts alleged in the plaintiffs complaint must be accepted as true. The relevant factual allegations are essentially as follows.

Plaintiff, Robert L. Kufalk, was…