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MARTIN v. KATZ

December 15, 1995

LENORE GORDON and ROBERT MARTIN, Plaintiffs, v ASCHER KATZ, individually and as Town Justice and Commissioner/Administrator of the Justice Court of the Town of Greenburgh, PAUL FEINER, individually and as Supervisor of the Town of Greenburgh, LESTER ADLER, individually and as Councilperson of the Town of Greenburgh, PATRICK PILLA, individually and as former Councilperson of the Town of Greenburgh, DIANA JUETTNER, individually and as Councilperson of the Town of Greenburgh, EDDIE MAE BARNES, individually and as Councilperson of the Town of Greenburgh, TIMMY WEINBERG, as Councilperson of the Town of Greenburgh, TOWN BOARD OF THE TOWN OF GREENBURGH, TOWN OF GREENBURGH and CECILE F. SIA, individually and as Court Clerk of the Justice Court of the Town of Greenburgh, Defendants.


The opinion of the court was delivered by: FOX

 THE HONORABLE MARK D. FOX, U.S.M.J.

 This case is brought pursuant to 42 U.S.C. § 1983 for alleged deprivation of rights assured to Plaintiffs under the First and Fourteenth Amendments to the Constitution of the United States. There are also pendant state-law claims which allege violations of the New York State Town Law and the Town Code of the Town of Greenburgh, New York.

 Jurisdiction of the district court is proper pursuant to 28 U.S.C. §§ 1331, 1343(3) and venue is proper pursuant to 28 U.S.C. 1391(b).

 Plaintiffs claim that they were fired from their jobs as Court Assistant and Court Attendant in violation of the Greenburgh Town Code and the New York State Town Law and that these violations effectively stripped them of rights guaranteed under the First and Fourteenth Amendments. The gravamen of Plaintiffs' claim is that the legislative function of reducing the Town of Greenburgh's budget for 1994, which resulted in the elimination of Plaintiffs' jobs, was nothing more than a pretext for terminating Plaintiffs without following the procedure required pursuant to the Town Law and the Town Code.

 Defendants have moved for summary judgment pursuant to Fed. R. Civ. P. 56, contending that Defendants Katz, Feiner, Adler, Pilla, Juettner, and Barnes are protected in their individual capacities by absolute legislative immunity.

 Plaintiffs have also moved for summary judgment pursuant to Fed. R. Civ. P. 56 in connection with their Pendent state law claims.

 As will be set forth in detail below:

 
- Defendants' motion for summary judgment is GRANTED;
 
- All federal claims against Defendants Katz, Feiner, Adler, Pilla, Juettner, Barnes, Weinberg, Sia, in their individual and official capacities, and against the Town of Greenburgh, are dismissed in their entireties as there has been no allegation in the complaint sufficient to support a claim under 42 U.S.C. § 1983;
 
- Plaintiffs' motion for summary judgment in connection with the pendant state-law claims is rendered moot upon the dismissal of all federal claims and all state-law claims pendent thereupon; and
 
- The Clerk of the Court is directed to dismiss the complaint its entirety.

 In 1993 Plaintiff Gordon was employed as Court Assistant and Plaintiff Martin was employed as Court Attendant in the Town of Greenburgh, located in Westchester County, New York.

 Defendants Adler, Barnes, Juettner, and Pilla at all relevant times served as members of the Greenburgh Town Board.

 Defendant Weinberg served as a member of the Greenburgh Town Board as of January 1, 1994 and is named in her official capacity only.

 Defendant Sia was, at the relevant times, serving as Court Clerk.

 Defendant Feiner while serving as a member of the Town Board also served as ...


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