Shelford v. New York State Teachers Retirement System

Full title: Constance SHELFORD; and Reisha Berkowsky on behalf of themselves and all…

Court: United States District Court, E.D. New York

Date published: Oct 11, 1994

889 F. Supp. 89 (E.D.N.Y. 1994)

Opinion

No. 94 CV 2368 (TCP)

October 11, 1994.

Elisabeth Ann Seieroe Maurer, Ridgefield, CT, for plaintiffs.

Darren O'Connor, State of N.Y. Dept. of Law, Albany, NY, for defendants.

ORDER

THOMAS PLATT, JR. Senior District Judge.

Defendants move to dismiss with prejudice the Complaint herein on the grounds that it is barred by the Eleventh Amendment to the Constitution; that it is time-barred by the statute of limitations on claims brought pursuant to 42 U.S.C. § 1983; that it fails to state a claim upon which relief can be granted; and that venue in the Eastern District of New York is improper.

For the reasons set forth in this Court's Memorandum and Order in Shelford v. New York State Teachers Retirement System, 889 F. Supp. 81 (E.D.N.Y. 1993), this Court finds that Plaintiffs' alleged injuries occurred when Plaintiffs returned to teaching in the mid-1970s. Consequently, their claims are timebarred by the three-year statute of limitations on suits brought pursuant to 42 U.S.C. § 1983, and their Complaint is hereby dismissed with prejudice.

SO ORDERED.