McCartney v. Barg

MEMORANDUM AND ORDER

WALINSKI, Senior District Judge.

This matter is before the Court on defendants’ motion to dismiss as well as plaintiff’s opposition thereto and several related responsive and supplemental pleadings. The action is brought pursuant to 42 U.S.C. § 1983. Jurisdiction over the constitutional and federal statutory claims is based on 28 U.S.C. § 1343(3) and (4). In addition plaintiff requests the Court to exercise pendent jurisdiction over the state claims raised.

I. Facts

The complaint alleges that plaintiff is a twenty-three year old woman who, because of her mental retardation,…