Legal Opinion

Drake v. Delta Airlines, Inc.

District Court, E.D. New York

Decided April 26, 1996No. 94 CV 5944PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BLOCK, District Judge:

Plaintiff pro se Richard W. Drake (“Drake”) commenced this action against defendant Delta Airlines, Inc. (“Delta”) claiming that Delta violated his rights under the Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”) drug testing regulations and under the Fourth Amendment. Delta has moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Delta’s motion is granted and the complaint is dismissed without prejudice.

BACKGROUND

Drake’s…

2Cases cited54 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Coolidge v. New HampshireSupreme Court of the United States · 1971
  5. Cort v. AshSupreme Court of the United States · 1975

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3Cited by10 opinions

  1. Richard Drake v. Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 2002
  2. Richard W. Drake v. Delta Air Lines, Inc.Court of Appeals for the Second Circuit · 1998
  3. Drake v. Laboratory Corp. of America HoldingsDistrict Court, E.D. New York · 2003
  4. Kia P. v. McIntyreDistrict Court, E.D. New York · 1998
  5. Shrout v. the TFE GroupCourt of Appeals of Kentucky · 2005

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