Mussallihattillah v. McGinnis

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, David Mussallihattiillah, commenced this action against the New York State Department of Correctional Services (“DOCS”), and Michael McGinnis, who at the time of the events giving rise to this action was employed by DOCS as the Superintendent of Southport Correctional Facility. Plaintiff, who at the time was also employed by DOCS as a Muslim Imam/Chaplain at Southport, has asserted various claims of employment discrimination under federal and state law.

On January 17, 2008, defendants moved to dismiss the complaint for failure to…