context: Here the claimed injury is allegedly the result of a policy of the municipality, i.e., the passage of a budget reduction plan. (Compl. P 119.) Therefore, claims against its officers in their official capacities are in reality claims against the Town of North Hemp-stead itself.
citation_a.signal: cf.
citation_a.identifier: 560 F.Supp. 822, 827-28
citation_a.parenthetical: finding immunity from personal liability for individual defendants but no immunity for the municipality
citation_a.sentence: See Graham, 473 U.S. at 165, 105 S.Ct. at 3104-05. Consequently, the official-capacity claims against Zwirn, both as Supervisor and Board Member, and Newburger, D’Urso, Johnson and Cunningham, as Town Board Members, must be dismissed, not because these parties have immunity but merely because the Town is the real party in interest. See e.g., Orange v. County of Suffolk, 830 F.Supp. at 706-07 (official-capacity claims redundant because claim is made against local governmental entity) (citing Busby v. City of Orlando, 931 F.2d 764 (11th Cir.1991) and Kohn v. Muda, 776 F.Supp. 348 (N.D.Ill.1991); cf. Goldberg v. Whitman, 740 F.Supp. at 120-21 (motion to dismiss official-capacity claims on legislative immunity denied); Dusanenko v. Maloney, 560 F.Supp. 822, 827-28 (S.D.N.Y.1983) (finding immunity from personal liability for individual defendants but no immunity for the municipality), aff'd, 726 F.2d 82 (2d Cir.1984).
citation_b.signal: see
citation_b.identifier: 830 F.Supp. 706, 706-07
citation_b.parenthetical: official-capacity claims redundant because claim is made against local governmental entity
citation_b.sentence: See Graham, 473 U.S. at 165, 105 S.Ct. at 3104-05. Consequently, the official-capacity claims against Zwirn, both as Supervisor and Board Member, and Newburger, D’Urso, Johnson and Cunningham, as Town Board Members, must be dismissed, not because these parties have immunity but merely because the Town is the real party in interest. See e.g., Orange v. County of Suffolk, 830 F.Supp. at 706-07 (official-capacity claims redundant because claim is made against local governmental entity) (citing Busby v. City of Orlando, 931 F.2d 764 (11th Cir.1991) and Kohn v. Muda, 776 F.Supp. 348 (N.D.Ill.1991); cf. Goldberg v. Whitman, 740 F.Supp. at 120-21 (motion to dismiss official-capacity claims on legislative immunity denied); Dusanenko v. Maloney, 560 F.Supp. 822, 827-28 (S.D.N.Y.1983) (finding immunity from personal liability for individual defendants but no immunity for the municipality), aff'd, 726 F.2d 82 (2d Cir.1984).