Berardinelli v. Town of Newburgh

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

Defendants Spencer and the Town of New-burgh move to dismiss the federal cause of action in plaintiffs complaint, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. Further, defendants move to dismiss the pendent state claims under Fed.R.Civ.P. 12(b)(1), for lack of subject matter jurisdiction. For the reasons stated, the motions are granted.

FACTS

This action arises out of an allegedly defamatory police report dated July 5, 1994 which was written by Officer Leif D. Spencer (“Spencer”), a police…