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Chidume v. Greenburgh - North Castle Union Free Sch. Dist.

Suit Improperly Before Court; Assistant Principal Not Able to Accept Service for District

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OPINION & ORDER On February 27, 2018, Plaintiff Patrick Chidume (“Plaintiff’), a former teacher in the Greenburgh-North Castle Union Free School District (“the District”), commenced this action under: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§1981 and 1983, New York State Human Rights Law §296, and New York State common law. Plaintiff alleges that while he was a teacher in the District, he was subject to race and national origin discrimination, retaliation, constructive discharge, defamation, intentional and negligent infliction of emotional distress, and constructive discharge by the Greenburgh-North Castle Union Free School District, Carolyn McGuffog (“McGuffog”), Robin Levine (“Levine”), and Robert Hendrickson (“Hendrickson”) (collectively, “Defendants”). Before the Court is Defendants’ Motion to Dismiss the Second Amended Complaint ((“SAC”), ECF No. 24) pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(2). For the following reasons, Defendants’ motion is GRANTED.BACKGROUND1Plaintiff was a tenured social studies teacher in the Greenburgh-North Castle Union Free School District, a special act school district, servicing students with disabilities. A teacher since 1985, he began teaching in the District in March 1998 and continued through until June 2018. In September 2005, he began teaching at Clark Academy, one of the schools within the District. Between July 1, 2014 and June 30, 2017, Plaintiff also served as President of the Greenburgh United Teachers Union. Plaintiff is of Nigerian national origin. (See SAC

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