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Blamah v. State of New York

Eleventh Amendment Immunity Leads to Employment Suit's Dismissal for Lack of Jurisdiction

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OPINION AND ORDER   Plaintiff Tenneh Blamah brings employment discrimination and retaliation claims against defendants Office of the New York State Comptroller (“OSC”) and New York State Comptroller Thomas DiNapoli in his official capacity (collectively “Defendants”) alleging that Defendants violated her rights under the United States Constitution (Count 1); 42 U.S.C. §1981 (Count 2); 42 U.S.C. §1983 (Count 3); the New York State Human Rights Law §290, et seq. (Count 4); and the New York Civil Service Law §75 for defamation and/or negligence, malicious prosecution, fraud, and breach of contract (Counts 5-7). (Doc. 1, “Compl.”

119-163). By motion dated November 8, 2019, Defendants move to dismiss Plaintiff’s complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) and oppose Plaintiff’s motion for a preliminary injunction.1 (Docs. 13-15). For the reasons set forth below, Defendants’ motion to dismiss is granted and Plaintiff’s motion for a preliminary injunction is denied. BACKGROUND Plaintiff is of African ancestry and was employed as a Chief Examiner at OSC in OSC’s Newburgh Regional Office. Compl.

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