Discovery continues, however, as to the four remaining plaintiffs and the defendant District of Columbia.Ī motion to dismiss for failure to state a claim upon which relief can be granted tests not whether the plaintiff will prevail on the merits, but instead whether or not he has properly stated a claim. Williams's motion to stay all discovery directed at him pending resolution of the instant motion to dismiss. Williams stated that he is entitled to qualified immunity which shields him not only from liability but also from discovery.īy order dated September 10, 1999, this court granted Mr. Williams refused to respond to interrogatories and document-production requests and refused to be deposed as a party in this matter. Williams's counsel contacted chambers by telephone and informed the court that Mr. The factual background and procedural history of this case are set forth in this court's Memorandum Opinions issued on Maand June 15, 1999. For the reasons which follow, the court will grant Mr. Williams moves to dismiss the complaint on the ground that he is entitled to qualified immunity for the statements in question. Moreover, the claim survives only as to four of the original eight plaintiffs, Ms. Williams's derogatory comments at a press conference violated their Fifth Amendment liberty interest in their reputation, i.e., their interest in not being defamed. Following this court's decisions in favor of the defendants on previous dispositive motions, only one claim *37 survives: the plaintiffs' claim that Mr. The plaintiffs, nine former District of Columbia government employees, brought this consolidated action asserting claims under the United States Constitution, federal law and District of Columbia law arising out of their termination. This matter comes before the court on a motion to dismiss filed by defendant Anthony Williams, who is sued due to events and statements arising out of his tenure as the Chief Financial Officer ("CFO") of the District of Columbia. Granting Defendant Anthony Williams's Motion for Dismissal on the Ground of Qualified Immunity Stephen Taylor, General Counsel, Office of the Chief Financial Officer, Washington, D.C., for In-House counsel for the Office of the CFO of the District of Columbia. Deahunt, Proskauer Rose LLP, Washington, D.C., for defendants Anthony A. Counsel, D.C., Washington, D.C., for defendant District of Columbia. Baurley, P.C., Washington, D.C., for plaintiffs Alice Alexis, Anna-Marie Brannic, Constance Graham, Mohammed Hmaey, Deloras James, Hermena Kinard, and Negussie Timikate. United States District Court, District of Columbia. DISTRICT OF COLUMBIA, et al., Defendants.
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