588 F.2d 371 (2nd Cir. 1978), 346, Martin v. New York State Dept. of Mental Hygiene

Docket Nº:346, Docket 78-7363.
Citation:588 F.2d 371
Party Name:Dec. P 8730 Walter MARTIN, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF MENTAL HYGIENE, Dr. Stuart Keill, Regional Director, Defendants-Appellees.
Case Date:December 11, 1978
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 371

588 F.2d 371 (2nd Cir. 1978)

Dec. P 8730

Walter MARTIN, Plaintiff-Appellant,

v.

NEW YORK STATE DEPARTMENT OF MENTAL HYGIENE, Dr. Stuart

Keill, Regional Director, Defendants-Appellees.

No. 346, Docket 78-7363.

United States Court of Appeals, Second Circuit

December 11, 1978

Argued Dec. 8, 1978.

Frederick C. Hayes, New York City, for plaintiff-appellant.

Page 372

Judith T. Kramer, Asst. Atty. Gen. of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge, SMITH and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

Walter Martin was appointed Acting Director of the Manhattan Development Center (MDC) in 1974 by Dr. Stuart Keill, Regional Director of the New York State Department of Mental Hygiene. Martin, who is black, took disability leave from June 1975 to May 1976, and upon his return to work was appointed Chief of Treatment Services at Willowbrook, a position he still holds.

In the fall of 1975, while on leave from his position at the MDC, Martin filed an employment discrimination suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e Et seq., against Keill and the Department of Mental Hygiene. Martin's complaint stated only that the defendants had discriminated against him on the basis of race between August 1974 and June 1975 by denying him the authority, salary, and privileges commensurate with his position. 1 He also alleged that the discrimination was continuing, and accordingly sought injunctive relief as well as money damages.

The defendants moved to dismiss the complaint against the Department of Mental Hygiene for failure to state a claim under Fed.R.Civ.P. 12(b)(6). They also moved pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(5) to dismiss the complaint against Keill on the grounds that the district court lacked personal jurisdiction, and that Keill had never been served with the summons and complaint. Judge Pierce granted these motions, and this appeal followed.

It is well settled in this Circuit that a complaint consisting of nothing more than naked assertions, and setting forth no facts upon which a court could find a violation of the Civil Rights Acts, fails to state a claim under Rule 12(b)(6). Serzysko v. Chase Manhattan Bank, 461 F.2d 699, 703 (2d Cir.) (Per curiam ), Cert. denied, 409 U.S. 883, 93...

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