Mimassi v. New York Mills (Civil Case No. 6:23-cv-00338; Dkt. No. 29)

Our team successfully filed a pre-answer motion to dismiss the federal Complaint alleging causes of actions, pursuant to 42 U.S.C. Section 1983, including: (1) a Fourteenth Amendment substantive due process claim; (2) a Fourteenth Amendment equal protection claim; (3) a Monell claim; (4) a claim for “violation of state law and constitutional rights”; and (5) a constitutional takings claim against the Town and individual Town employee/elected officials. Plaintiff opposed the motion to dismiss and, alternatively, cross-moved to amend the Complaint. The federal court dismissed the Complaint in its entirety and denied as futile Plaintiff’s request to amend the Complaint. Plaintiff did not appeal the dismissal of the Complaint.