DECISION AND ORDER
DAVID G. LARIMER, District Judge.
Plaintiff Dennis Kuder ("Kuder"), an employee of the City of Rochester's (the "City") Department of Environmental Services ("DES"), commenced the instant action against the City, Supervisor Charles Lundy ("Lundy"), and DES Commissioner Paul Holohan ("Holohan") pursuant to 42 U.S.C. § 1983.
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