The opinion of the court was delivered by: William M. Skretny United States District Judge
Plaintiffs bring a claim under 42 U.S.C. § 1983 against the City of Batavia, Police Chief Sehms, and Police Officers Peck and Zola ("the Batavia Defendants") alleging discrimination and first amendment retaliation. Plaintiffs bring a state law claim against Defendants Richard Mager, Victoria Mager, Christopher Mager, and Arctic Refrigeration for intentional infliction of emotional distress. Defendants have filed separate Motions to Dismiss.
For the following reasons, the Batavia Defendants' Motion to Dismiss is granted (Docket No. 28). This Court declines to exercise supplemental jurisdiction over the remaining state law causes of action for intentional infliction of emotional distress. The Motions to Dismiss of Victoria and Richard Mager (Docket No. 27) and Christopher Mager and Arctic Refrigeration (Docket No. 29) are therefore denied.
Plaintiffs allege that their neighbors, Defendants Richard Mager, Victoria Mager, and Christopher Mager ("The Magers"), and Richard Mager's company Arctic Refirgeration, have intentionally caused Plaintiffs to suffer emotional distress. (Amended Complaint, Docket No. 26, ¶ 166). Plaintiffs claim that the Magers have instilled fear and anxiety by racing cars past Plaintiffs' home, making obscene gestures toward Plaintiffs, and engaging in other extreme and outrageous conduct directed at Plaintiffs. (Amended Complaint, Docket No. 26, ¶ 166).
Plaintiffs further allege that the Batavia Defendants have failed to respond to Plaintiffs' complaints about the Magers' harassing behavior. (Amended Complaint, Docket No. 26, ¶¶ 155-64). Plaintiffs claim that this failure to respond is (1) discrimination based on Plaintiffs' sexual orientation; and (2) retaliation for Plaintiffs' complaints to police about Christopher Mager-an alleged sex offender-living near a school. (Amended Complaint, Docket No. 26, ¶¶ 155-64).
Plaintiffs filed their Amended Complaint on March 9, 2007. (Docket No. 26). On March 22, 2007, Defendants Richard and Victoria Mager filed a Motion to Dismiss contending that Plaintiffs had failed to state a cause of action and that this Court lacked jurisdiction. (Docket No. 27).*fn1 On March 28, 2007, the Batavia Defendants filed a Motion to Dismiss contending that Plaintiffs had failed to state a cause of action and that Defendants were entitled to qualified immunity. (Docket No. 28).*fn2 On March 28, 2007,
Defendants Christopher Mager and Arctic Refrigeration filed a Motion to Dismiss arguing that Plaintiffs had failed to state a cause of action and that this Court lacked jurisdiction (Docket No. 29).*fn3
III. DISCUSSION AND ANALYSIS
A. Motion to Dismiss Standard
Federal Rule of Civil Procedure 12(b)(6) provides for dismissal of a complaint where the plaintiff has "fail[ed] to state a claim upon which relief can be granted." In determining whether a complaint states a claim, the Court construes the complaint liberally, accepts all factual allegations as true, and draws all reasonable inferences in the plaintiff's favor. ATSI Communications, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007); Goldstein v. Pataki, ___F.3d___, 2008 WL 269100 at *4 (2d Cir. Feb. 1, 2008). While the complaint need not include detailed factual allegations, a plaintiff must show the "grounds of his entitlement to relief." Bell Atlantic Corp. v. Twombly, ___U.S.___,127 S.Ct. 1955, 1964-65, 167 L.Ed.2d 929 (2007). To survive a motion ...