Marker v. Talley

MARTIN, Judge.

Before the Court is a motion to dismiss filed by the State on behalf of Banks H. Talley, Director of the Emily P. Bissell Hospital, (“Defendant”) in an action brought by James F. Marker (“Plaintiff”) alleging wrongful termination of employment in violation of his federal right of procedural due process under 42 U.S.C. § 1983 and seeking general, consequential and punitive damages, as well as attorney’s fees and all costs associated with maintaining this action.

This action against the defendant represents the second suit brought by the plaintiff based on the same set of facts. On…