Legal Opinion

Commer v. American Federation of State, County & Municipal Employees

District Court, S.D. New York

Decided July 17, 2003No. 02 CIV.7930 RWSPublishedCited by 10 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

The defendant American Federation of State, County and Municipal Employees (“AFSCME”) has moved under Fed. R.Civ.P. 12(b)(6), to dismiss the complaint of pro se plaintiff Roy Commer (“Com-mer”), and also for sanctions, seeking attorney’s .fees for defending against two of Commer’s claims. For the reasons set forth below, the motion to dismiss is granted, and the motion for sanctions is denied.

Prior Proceedings

Commer has filed numerous actions in this Court and in others pertaining to his removal as president of Local 375. The following are only a few pertinent to…

2Cases cited37 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Hughes v. RoweSupreme Court of the United States · 1980
  4. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  5. Fred Traguth and Otto Handtke, Individually and Doing Business as Dance Motion Press v. D'LeLa ZuckCourt of Appeals for the Second Circuit · 1983

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3Cited by10 opinions

  1. Benitez v. KingDistrict Court, W.D. New York · 2018
  2. Smith v. Education People, Inc.District Court, S.D. New York · 2005
  3. Boggs v. Die Fliedermaus, LLP.District Court, S.D. New York · 2003
  4. Commer v. McEnteeDistrict Court, S.D. New York · 2003
  5. Lipin v. HuntDistrict Court, S.D. New York · 2008

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