By: Daily Record Staff//August 6, 2013
By: Daily Record Staff//August 6, 2013//
U.S. District Court, WDNY
Leave to Amend
Eleventh Amendment Immunity
Mulvihill v. State of New York
Background: The plaintiff alleged that Child Protective Services unit of Ontario County Department of Social Services violated her Fourth Amendment constitutional rights, as well as intentional infliction of emotional distress, harassment, and defamation. The state moved to dismiss the complaint arguing that the State is immune under the Eleventh Amendment. In response the plaintiff moved to amend her complaint to include the State, as well as a number of individual defendants.
Ruling: The District Court granted the States’ motion. The court found that her claims against the State were barred by the Eleventh Amendment. The District Court also granted plaintiff leave to amend her complaint, noting that she may not amend her complaint to include DSS, but Ontario County.
Donna Mulvihill, pro se; Gary M. Levine of the New York State Office of the Attorney General for the defendant