The opinion of the court was delivered by: THOMAS J. MCAVOY
MEMORANDUM-DECISION and ORDER
Plaintiff Robert Hall, appearing pro se, commenced the instant action on June 1, 1993. The gravamen of plaintiff's complaint is that the various defendants, by and through their agents, deprived him of his constitutional rights under the First, Fourth, Fifth, Eighth and Fourteenth Amendments of the United States Constitution by subjecting plaintiff "to false arrest, false imprisonment, placed in jail without bail, malicious prosecution, discriminatory prosecution, illegal search and seizure, violation of [his] due process of law rights and violation of [his] right to equal protection of the law." (Complaint PP 6, 8, 9).
Suffice it to say, the plaintiff has labeled all named defendants as "white racist, deranged, psychotic persons with neo-nazi, mafia, racketeering, organized crime, white supremacist and fascist (Nazi Germany and fascist Italy) philosophies." (Complaint P 8). The plaintiff further alleges that the defendants undertook illegal actions against him -- discharge from employment -- in retaliation for exposing the on-going corruption at the New York State Department of Environmental Conservation.
All defendants have moved for dismissal under various subsections of Rule 12(b) of the Federal Rules of Civil Procedure.
Specifically, defendants Robert Ruggeri, Sue H.R. Adler, Charles Norfleet, Gerald P. Clark, New York state Office of Inspector General, New York State Department of Environmental Conservation, New York State Attorney General's Office/Department of Law (collectively, the "State"), move for dismissal under Fed.R.Civ.P 12(b)(1) citing the Eleventh Amendment's sovereign immunity clause as a basis for their motion. They also move to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) claiming that plaintiff has failed to state a claim upon which relief may be granted.
Defendants John Reilly, Donald Whitaker, James L. Campbell, Cynthia Preiser, Sean McLaughlin, Albany County District Attorney's Office, Albany County Sheriff's Department move for dismissal under Fed.R.Civ.P. 12(b)(6) or in the alternative, move for summary judgment pursuant to Fed.R.Civ.P. 56.
Both motions were originally noticed for September 13, 1993 in Albany, New York. After being adjourned several times for various reasons, the court now takes these motions on a submission basis.
For the following reasons, defendants' motions are granted in their entirety.