Legal Opinion
Avello v. Hammons
District Court, S.D. New York
Decided April 29, 1997No. 96 Civil 0927 (DAB)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
BATTS, District Judge.
Plaintiff filed an action alleging violations of his constitutional Due Process, Equal Protection, and privacy rights. Plaintiff also alleges a pendant state claim for defamation. Defendants move to dismiss the Complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. For the reasons stated below, Defendants’ Motion to Dismiss is granted.
I. BACKGROUND
On August 20,1993, Plaintiff entered into a stipulation with his ex-wife, Elba Rodriquez Avello, in which he agreed to…
2Cases cited26 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
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3Cited by1 opinion
- Barcher v. New York University School of LawDistrict Court, S.D. New York · 1998