Barrett v. The Department of Education of the City of New York

District Court, E.D. New York·Decided June 26, 2025·No. 1:24-cv-00574·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

MICHELLENE BARRETT,

Plaintiff, MEMORANDUM & ORDER – against – 24-cv-00574 (NCM) (RML)

THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK,

Defendant.

NATASHA C. MERLE, United States District Judge:

Plaintiff Michellene Barrett brings this action against the City of New York for religious discrimination and infringment on her freedom of religion and right to due process. Specifically, plaintiff asserts claims for religious discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e–17, of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as well as claims pursuant to 42 U.S.C. § 1983 for violations of plaintiff’s rights secured under the First and Fourteenth Amendments. Defendant moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss plaintiff’s complaint in its entirety. For the reasons stated below, defendant’s motion to dismiss is GRANTED. BACKGROUND Plaintiff was employed as a teacher by the Department of Education of the City of New York (“DOE”) from 2014 to 2022. Amended Complaint (“AC”) ¶¶ 4, 18, ECF No. 10. Plaintiff’s amended complaint alleges that she “elected not to be vaccinated with a COVID-19 vaccine due to her religious practice.” AC ¶ 10. Plaintiff alleges that she “is a Christian, and her personally held religious belief prevented her from being vaccinated.” AC ¶ 11. Plaintiff’s amended complaint does not detail how or when she was informed by the DOE that she needed to receive the COVID-19 vaccine, but states that at some point plaintiff “applied for a religious exemption accommodation,” and her application was denied on September 24, 2021. AC ¶¶ 11–12. Plaintiff was placed on leave without pay by the DOE on October 1, 2021, and alleges that she was no longer allowed to enter her school building. AC ¶ 13. Plaintiff also alleges that she was told that “her fingerprints” were placed on a “Problem Code” database which “tags her file with misconduct, and blocks her from future employment with the DOE and most private schools and agencies in New

York City.” AC ¶¶ 14–15.1 Plaintiff alleges that she “appealed the decision” but was denied. AC ¶ 17. Plaintiff was subsequently terminated from her employment on March 17, 2022 because she had not received the COVID-19 vaccine. AC ¶ 18. Plaintiff brought the instant action on January 26, 2024, alleging religious discrimination in violation of Title VII of the Civil Rights Act, violation of the Equal Protection Clause of the Fourteenth Amendment, and a Section 1983 claim for violation of her First and Fourteenth Amendment rights. AC ¶¶ 22–59. On October 28, 2024, defendant moved to dismiss plaintiff’s amended complaint. See Mot. to Dismiss Am. Compl. (“Mot.”), ECF No. 19. The Court held oral argument on defendant’s motion on May 28, 2025. See Minute Entry dated May 28, 2025. Shortly thereafter, plaintiff filed a status report in which plaintiff corrected a factual assertion made at oral argument and

1 Plaintiff’s amended complaint alleges that she was informed about this action on October 2, 2023. AC ¶ 14. However, she also alleges that she was told this information “the very same day she was told she had been placed on” leave without pay. AC ¶ 14. Her amended complaint alleges she was told she was placed on leave without pay on October 1, 2021. AC ¶ 13. Presumably, plaintiff alleges she was informed of the “Problem Code” in October 2021, not October 2023. accordingly “withdr[ew]” plaintiff’s third, fourth and sixth claims for relief. Status Report, ECF No. 25. LEGAL STANDARD When deciding a motion to dismiss, a district court must “accept[] all factual claims in the complaint as true, and draw[] all reasonable inferences in the plaintiff’s favor.” Lotes Co. v. Hon Hai Precision Indus. Co., 753 F.3d 395, 403 (2d Cir. 2014).2 Factual disputes are typically not the subject of the Court’s analysis, as Rule 12 motions “probe the legal, not the factual, sufficiency of a complaint.” Plastic Surgery Grp., P.C. v.

United Healthcare Ins. Co. of N.Y., 64 F. Supp. 3d 459, 468–69 (E.D.N.Y. 2014). That is, “the issue” on a motion to dismiss “is not whether a plaintiff will ultimately prevail,” but instead whether a plaintiff is “entitled to offer evidence to support the claims.” Sikhs for Just. v. Nath, 893 F. Supp. 2d 598, 615 (S.D.N.Y. 2012). Accordingly, “[d]ismissal is inappropriate unless it appears beyond doubt that the plaintiff can prove no set of facts which would entitle him or her to relief.” Fat Brands Inc. v. Ramjeet, 75 F.4th 118, 125 (2d Cir. 2023). To survive a motion to dismiss pursuant to Rule 12(b)(6), a plaintiff must state “a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim is plausible when the plaintiff pleads factual content that allows the court to draw the reasonable inference

that the defendant is liable for the misconduct alleged.” Matson v. Bd. of Educ. of City Sch. Dist. of N.Y., 631 F.3d 57, 63 (2d Cir. 2011) (quoting Iqbal, 556 U.S. at 678). Although the Court takes all factual allegations contained in the complaint as true, it does not do so

2 Throughout this Order, the Court omits all internal quotation marks, footnotes, and citations, and adopts all alterations, unless otherwise indicated. for legal conclusions or “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements” in a complaint. Iqbal, 556 U.S. at 678. DISCUSSION I. Plaintiff’s Withdrawn Claims Plaintiff’s June 13, 2025 status report states that she withdraws her third, fourth and sixth claims for relief. See Status Report. Those claims are: a Title VII claim for failure to engage in the interactive process, a claim of selective enforcement of the law in violation of the Equal Protection clause of the Fourteenth Amendment, and a claim for “a violation

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