Burns v. Cook
Plaintiff Debra A. Burns brought an action against Oren F. Cook, the Adirondack Central School District Board of Education, and the Adirondack Central School District. Her claims included violations of federal and state laws related to free speech retaliation, substantive due process, equal protection, the ADA, New York Civil Service Law § 75-b, defamation, property interests, and intentional infliction of emotional distress. Defendants moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The court granted the motion to dismiss for the ADA claim (due to untimeliness), defamation, damage to property interests and professional reputation, and intentional infliction of emotional distress. However, the court denied the motion to dismiss for the free speech retaliation, substantive due process, equal protection, and New York Civil Service Law claims, allowing these to proceed.