Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

16-4805 - BaRoss v. Greenlawn Volunteer Fire Department, Inc. et al


Download Files

Metadata

Document in Context
16-4805 - BaRoss v. Greenlawn Volunteer Fire Department, Inc. et al
May 16, 2017
PDF | More
MEMORANDUM OF DECISION & ORDER granting in part and denying in part 29 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 29 Motion to Dismiss for Lack of Jurisdiction. The Court finds that the GVFD is a state actor and public entity that is subject to both the ADA and Section 1983; that the ADA claims against the individual Defendants must be dismissed; that the Plaintiffs Section 1983 claims are not barred by the statute of limitations; and that the Plaintiff has alleged sufficient facts to plausibly plead a cause of action for Section 1983 punitive damages. Accordingly, the Defendants partial motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) is granted in part and denied in part. It is granted to the extent that the Plaintiffs ADA claims against the individual Defendants is dismissed. It is denied as to the Plaintiffs ADA, Section 1983, and Section 1983 punitive damages claims against the GVFD. The case is respectfully referred to Magistrate Judge Steven I. Locke for the remainder of discovery. Stan Sadowski, Scott Waryold, Kurt Allen and Lee Joseph terminated. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 5/15/2017. (Coleman, Laurie)