Document Type

Article

Publication Date

8-15-1996

Abstract

Plaintiff-appellant Wendy L. Kern appeals from a judgment entered in the United States District Court for the Western District of New York (Telesca, C.J.) denying her motions to amend her complaint and dismissing the complaint for failure to state claims upon which relief can be granted. Kern alleged in the complaint, inter alia, that defendants-appellees City of Rochester (the 41*41 "City"), the Fire Department of the City of Rochester (the "RFD"), Daniel Cavuoto, and Charles Ippolito (together, the "City Defendants") were liable, pursuant to 42 U.S.C. § 1983, for unconstitutional employment discrimination. In her first proposed amended complaint, Kern repleaded her § 1983 claims against the City Defendants and added a cause of action for employment discrimination against the City Defendants and defendant-appellee Rochester Firefighters Association, Inc., Local 1071 IAFF ("Local 1071") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. In the first of three Decisions and Orders, the district court found that Kern failed to state a claim under § 1983, and that it would be futile to allow Kern to amend her complaint to add a Title VII action because she could not sustain a Title VII action against either the City Defendants or Local 1071. In her second proposed amended complaint, Kern alleged Title VII violations as her sole federal cause of action. In two subsequent Decisions and Orders, the district court again found that it would be futile to allow Kern to add a Title VII action and therefore denied Kern's motion to amend her complaint. On October 5, 1995, judgment was entered dismissing Kern's complaint.

For the reasons that follow, we affirm the judgment of the district court.

Comments

93 F.3d 38 (1996)

Wendy L. KERN, Plaintiff-Appellant,

v.

CITY OF ROCHESTER, Fire Department, of the City of Rochester, Police Department, of the City of Rochester, Rochester Firefighters Association, Inc., Local 1071 IAFF; International Association of Firefighters, Daniel Cavuoto, Individually and as President of Local 1071, IAFF and as a Full Time City of 39*39 Rochester Employee and Lt. in the City of Rochester Fire Department, Charles D. Ippolito, Individually and as Chief of the City of Rochester Fire Department and Lloyd Eldridge, Defendants-Appellees.

No. 1499, Docket 95-9107.

United States Court of Appeals, Second Circuit.

Argued May 16, 1996.

Decided August 15, 1996.

New York Law School location: File #2440, Box #136

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