Bolden v. City of New York

256 F. Supp. 2d 193, 2003 U.S. Dist. LEXIS 5489, 2003 WL 1797887
CourtDistrict Court, S.D. New York
DecidedApril 4, 2003
Docket02 Civ. 1606(RMB)
StatusPublished

This text of 256 F. Supp. 2d 193 (Bolden v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bolden v. City of New York, 256 F. Supp. 2d 193, 2003 U.S. Dist. LEXIS 5489, 2003 WL 1797887 (S.D.N.Y. 2003).

Opinion

DECISION AND ORDER

BERMAN, District Judge.

I. Background

On or about March 1, 2002, Gary Bolden and Ronnie Fordham (“Plaintiffs”) brought this action to challenge their automatic terminations from employment by the City of New York following their 1999 convictions on federal charges of filing fraudulent tax returns in violation of 18 U.S.C. §§ 287, 3551. Complaint dated March 1, 2002 (“Complaint”) ¶¶ 10-23. Plaintiffs had been employed by the New York City Department of Corrections as “permanent competitive class” civil servants and were summarily terminated pursuant to New York Public Officer’s Law § 30(l)(e) *194 (“ § 30(l)(e)”). 1 Id. Plaintiffs contend that § 30(l)(e) “as applied to the plaintiffs is constitutionally infirm,” Plaintiffs’ Memorandum dated December 27, 2002, and that the termination procedure was selectively enforced against them as African-American employees in violation of their Fourteenth Amendment Equal Protection rights. Id. at ¶¶ 32-50.

On August 22, 1999, the State of New York (“Defendant” or “New York State”) filed the instant motions pursuant to Fed. R. Civ. P. 12(b)(1) and (6) to dismiss as to New York State, asserting that § 30(l)(e) is constitutional and that Plaintiffs’ Equal Protection claims do not apply to New York State. Defendant’s Memorandum of Law in Support of its Motion to Dismiss (“Defendant’s Memorandum”) at 9-10. Plaintiffs respond that the case law cited by Defendant has been overruled or is inconsistent with Cleveland Board of Education v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Plaintiffs’ December 3, 2002 Response Letter (“Plaintiffs’ Response Letter”) at 2. Plaintiffs do not contend that their Equal Protection claims are applicable to New York State. Id. For the reasons set forth below, Defendant’s motion is granted.

II. Standard of Review

“In reviewing a Rule 12(b)(6) motion, this Court must accept the factual allegations of the complaint as true and must draw all reasonable inferences in favor of the plaintiff.” Bernheim v. Litt, 79 F.3d 318, 321 (2d Cir.1996); Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 164, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993). “The issue is not whether a plaintiff is likely to prevail ultimately, but whether the claimant is entitled to offer evidence to support the claims.” Gant v. Wallingford Bd. of Educ., 69 F.3d 669, 673 (2d Cir.1995) (citations omitted). “[A] court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (citations omitted); Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1954).

III. Analysis

Plaintiffs’ terminations without hearings were proper. The U.S. Court of Appeals for the Second Circuit addressed the constitutionality of § 30(l)(e) in Greene v. McGuire, 683 F.2d 32 (2d Cir.1982), and held that “[i]t is clear that § 30(l)(e) was a condition on the jobs held ... which was not within the control of their employer but was a limitation as explicit as a clause in their contract. Once they were convicted — and the condition fulfilled — they lost their property interest.” Id. at 35. McGuire’s holding clearly applies here. “[A] public officer should understand that he is vulnerable to summary dismissal if it appears that he fails to meet the conditions of his employment as specified in § 30(1).” Schirmer v. Town of Harrison, No. 98 Civ. 2582, 1999 WL 61843, *5, 1999 U.S. Dist. LEXIS 1292, at *15 (S.D.N.Y. Feb. 9, 1999).

Plaintiffs argue unpersuasively that, after the Supreme Court’s holding in Loud- *195 ermill, “McGuire is simply not good law,” and that § 30(l)(e) is unconstitutional as it applies to employees with a property interest in their jobs. Plaintiffs’ Response Letter at 2-3. Defendant counters that “[s]ince the State determined for valid policy reasons, that a civil servant who is convicted of a felony while in office loses all property interests in their position, Loudermill is non-controlling, since no process is due a civil servant who is convicted of a felony.” Defendant’s Memorandum dated December 11, 2002 at 2 (emphasis in original).

Defendant is correct. Louder-mill did not overrule McGuire but simply reaffirmed the well established rule of law, pre-dating McGuire, that “[due process] requires ‘some kind of a hearing’ prior to the discharge of an employee who has a constitutionally protected property interest in his employment.” Loudermill, 470 U.S. at 542, 105 S.Ct. 1487. See Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 11-12, 98 S.Ct. 1554, 56 L.Ed.2d 30 (1978); Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976); Goss v. Lopez, 419 U.S. 565, 573-574, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975); Perry v. Sindermann, 408 U.S. 593, 599, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972); Board of Regents v. Roth, 408 U.S. 564, 576-578, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Goldberg v. Kelly, 397 U.S. 254, 264, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970); Reagan v. United States, 182 U.S. 419, 425, 21 S.Ct. 842, 45 L.Ed. 1162 (1901). Subsequent to Loudermill, both federal and New York State courts have continued to follow McGuire by holding that § 30(1) does not offend due process because public officers “convicted of felonies los[e] their property right in their jobs immediately upon conviction.” Schirmer,

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Related

Reagan v. United States
182 U.S. 419 (Supreme Court, 1901)
Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Goldberg v. Kelly
397 U.S. 254 (Supreme Court, 1970)
Board of Regents of State Colleges v. Roth
408 U.S. 564 (Supreme Court, 1972)
Perry v. Sindermann
408 U.S. 593 (Supreme Court, 1972)
Goss v. Lopez
419 U.S. 565 (Supreme Court, 1975)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Memphis Light, Gas & Water Division v. Craft
436 U.S. 1 (Supreme Court, 1978)
Cleveland Board of Education v. Loudermill
470 U.S. 532 (Supreme Court, 1985)
Swierkiewicz v. Sorema N. A.
534 U.S. 506 (Supreme Court, 2002)
Beate Bernheim v. Jeffrey Litt
79 F.3d 318 (Second Circuit, 1996)
Weissinger v. Ward
704 F. Supp. 349 (E.D. New York, 1989)
MATTER OF FOLEY v. Bratton
709 N.E.2d 100 (New York Court of Appeals, 1999)
Duffy v. Ward
612 N.E.2d 1213 (New York Court of Appeals, 1993)
Greene v. McGuire
683 F.2d 32 (Second Circuit, 1982)

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Bluebook (online)
256 F. Supp. 2d 193, 2003 U.S. Dist. LEXIS 5489, 2003 WL 1797887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolden-v-city-of-new-york-nysd-2003.