Ilinca v. Bd. of Coop. Educ. Servs.

Full title: MIHAI ILINCA, Plaintiff, v. BOARD OF COOPERATIVE EDUCATIONAL SERVICES…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Jun 4, 2014

13-CV-3500(JS)(AKT) (E.D.N.Y. Jun. 4, 2014)

Opinion

13-CV-3500(JS)(AKT)

06-04-2014

MIHAI ILINCA, Plaintiff, v. BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NASSAU; and LOUISE FLYNN, Defendants.

For Plaintiff: Scott Thomas Roesch, Esq. Roesch Law, P.C. For Defendants: Lewis R. Silverman, Esq. Samantha Velez, Esq. Rutherford & Christie, LLP

Joanna Seybert

MEMORANDUM & ORDER

APPEARANCES For Plaintiff:

Scott Thomas Roesch, Esq.

Roesch Law, P.C.
For Defendants:

Lewis R. Silverman, Esq.

Samantha Velez, Esq.

Rutherford & Christie, LLP
SEYBERT, District Judge:

Plaintiff Mihai Ilinca ("Plaintiff") brings this action against defendants the Board of Cooperative Educational Services, Nassau and Louise Flynn ("Flynn") alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. Flynn moves to dismiss the Amended Complaint as against her on the ground that individuals may not be held liable under Title VII. Plaintiff does not oppose the motion. (See Docket Entry 22.) Flynn is correct. It is well settled that "individuals are not subject to liability under Title VII." Patterson v. Cnty. of Oneida, 375 F.3d 206, 221 (2d Cir. 2004) (internal quotation marks and citation omitted). Accordingly, the Title VII claim against Flynn must be dismissed as a matter of law.

CONCLUSION

For the foregoing reasons, Flynn's motion to dismiss is GRANTED. The Clerk of the Court is directed to TERMINATE Flynn as a party to this action.

SO ORDERED.

__________

Joanna Seybert, U.S.D.J.
Dated: June 4, 2014

Central Islip, NY