Guiducci v. Kohl's Department Stores
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, District Judge.
Defendant Kohl’s Department Stores [“Kohl’s”] moves for dismissal under Federal Rule of Civil Procedure 12(b)(6) of the claims of Plaintiffs William Guiducci and John Clancy as guardians of their respective daughters [collectively, “Plaintiffs”]. 1 Plaintiffs' sued Kohl’s under both 42 U.S.C. § 1983 and relevant State laws. 2 Oral argument was heard on June 10, 2004.
Plaintiffs may seek redress of their grievances through a tort suit in State court, but they may not obtain it through a civil rights suit in federal court. Kohl’s motion to dismiss is…
2Cases cited8 opinions
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company and Metlife, Inc., a Delaware Holding CompanyCourt of Appeals for the Second Circuit · 2003
- People v. JonesNew York Court of Appeals · 1979
- Rojas v. Alexander's Department Store, Inc.District Court, E.D. New York · 1986
- Estate of Iodice v. Gimbels, Inc.District Court, E.D. New York · 1976
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