Summary
dismissing 42 U.S.C. § 1985 claims as well as New York State statutory claims because of Title VII preemption
Summary of this case from Mitchell v. ChaoOpinion
No. 1148, Docket 91-6265.
Argued March 26, 1992.
Decided April 6, 1992.
Kipp Elliott Watson, New York City, for plaintiff-appellant.
Gideon A. Schor, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Gabriel W. Gorenstein, Asst. U.S. Atty., on the brief), for defendants-appellees.
Appeal from the District Court for the Southern District of New York.
Before: LUMBARD, NEWMAN, and CARDAMONE, Circuit Judges.
Michael V. DiPompo appeals from the August 19, 1991, judgment of the District Court for the Southern District of New York (Michael B. Mukasey, Judge) dismissing on the merits after a bench trial his suit under section 501 of the Rehabilitation Act of 1973, 29-U.S.C. § 791 (1988). DiPompo, a firefighter who suffers from dyslexia, alleged that he was unlawfully rejected for employment as a structural firefighter at the United States Military Academy, West Point.
We affirm the judgment of the District Court on the well-reasoned opinion of Judge Mukasey. DiPompo v. West Point Military Academy, 770 F.Supp. 887 (S.D.N.Y. 1991).