Hamilton v. Summers

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is defendant Lawrence Summers’ (“the Government”) motion to dismiss plaintiff Carl Hamilton’s complaint. For the reasons that follow, the court denies in part and grants in part the defendant’s motion to dismiss.

I. BACKGROUND

The complaint alleges the following facts which, for the purpose of ruling on this motion, are taken as true. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984). Plaintiff Carl Hamilton (“Hamilton”) is a black male who in June of 1997 applied for the position of Customs…