Legal Opinion
Vernet v. Bellmore-Merrick Central High School District
District Court, E.D. New York
Decided October 22, 2004No. CV-04-2358Published
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, District Judge.
Defendant Bellmore-Merrick High School District (“Bellmore-Merrick”) moves, prior to serving its answer, to dismiss Plaintiff Stephen P. Vernet’s (“Mr.Vernet”) complaint pursuant to FED. R. CIV. P. 12(b)(6) on the ground that the exact same claims were decided by this Court thirty years ago in favor of Bell-more-Merrick.
Mr. Vernet brings this action under 42 U.S.C. § 1983, and invokes the jurisdiction of this Court under 28 U.S.C. §§ 1331 and 1343. Jurisdiction is further invoked under 28 U.S.C. §§ 2201 and 2202 as Mr. Vernet is seeking a declaratory…
2Cases cited6 opinions
- Beate Bernheim v. Jeffrey LittCourt of Appeals for the Second Circuit · 1996
- Hadley v. Junior College District of Metropolitan Kansas CitySupreme Court of the United States · 1970
- Warden v. PatakiDistrict Court, S.D. New York · 1999
- Rosenthal v. Board of Ed. of Central HS Dist. No. 3District Court, E.D. New York · 1975
- Cohanim v. New York City Board of EducationDistrict Court, E.D. New York · 2002
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