Brown v. New York State Department of Correctional Services

583 F. Supp. 2d 404, 2008 U.S. Dist. LEXIS 87312
CourtDistrict Court, W.D. New York
DecidedOctober 29, 2008
DocketNo. 02-CV-6666L
StatusPublished
Cited by11 cases

This text of 583 F. Supp. 2d 404 (Brown v. New York State Department of Correctional Services) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. New York State Department of Correctional Services, 583 F. Supp. 2d 404, 2008 U.S. Dist. LEXIS 87312 (W.D.N.Y. 2008).

Opinion

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Curtis Brown, commenced this action against his employer, the New York State Department of Correctional Services (“DOCS”), and several other institutional and individual defendants, alleging that he has been discriminated against in a number of ways on account of his race. Defendants have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

BACKGROUND

Plaintiff, an African-American male, has been employed with DOCS as a Correction Officer (“C.O.”) since 1988. He has worked at Elmira Correctional Facility (“Elmira”) since 1995.

Plaintiff alleges that from early 2001 to the present, he has been subjected to severe and continual harassment and discrimination by his white coworkers. The specific incidents of harassment and intimidation alleged by plaintiff comprise a long list and will not be set forth in detail here, although particular incidents will be referred to as necessary. What follows is a brief summary of the factual and procedural background of this case.

On April 10, 2001, plaintiff filed a charge with the New York State Division of Hu[409]*409man Rights (“SDHR”), alleging “constant and unrelenting racial harassment” by white C.O.s, “both on the job and outside the facility.” Complaint Ex. A ¶ 2. Plaintiff filed a second administrative charge in August 2001, alleging that in addition to continued racial harassment, he had been subjected to retaliation by other C.O.s because of his April 10 SDHR complaint. Complaint Ex. B. A third SDHR charge followed in January 2002, alleging further incidents of harassment. Complaint Ex. C.

As stated, plaintiff alleges that throughout this period, he was subjected to relentless harassment by his white coworkers, including not only verbal abuse but in some instances physical violence, including, on one occasion, a white C.O., Mark Bartsch, wrapping a steel chain around plaintiffs neck. Plaintiffs Aff. ¶ 14(n). Plaintiff alleges that he continually complained about these acts to his supervisors, but that they essentially ignored his complaints.

Plaintiff also alleges that he has been subjected to discipline in retaliation for his complaints. In particular, plaintiff was suspended without pay for three months in March 2002, and for ten days in June 2002, after being involved in altercations with white C.O.s. Plaintiff alleges that both of these suspensions were unjustified and that the altercations were initiated by the white C.O.s.

Plaintiff filed the complaint in this action in December 2002. Defendants include “New York State Department of Correctional Services, Elmira Correctional Facility,” the New York State Comptroller’s Office, the New York State Department of Civil Service (collectively “institutional defendants”), and nine individual defendants, each of whom is a white employee of DOCS who worked at Elmira at the time of the relevant events.

Plaintiff asserts eleven causes of action: (1) a claim of race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., based on a theory of hostile work environment; (2) a claim of unlawful retaliation for plaintiffs exercise of his rights under Title VII; (3) a claim of race discrimination under 42 U.S.C. § 1981; (4) a retaliation claim under § 1981; (5) a claim alleging an amalgam of violations and claims under the Fourteenth Amendment, §§ 1981 and 1983, and Title VII; (6) a retaliation claim under § 1983; (7) a race discrimination claim under the New York State Human Rights Law (“HRL”), Exec. L. § 296; (8) a retaliation claim under the HRL; (9) a claim that defendants acted, in some unspecified manner, “negligently, recklessly or carelessly, and/or with callous indifference toward Plaintiff,” Complaint ¶ 62; (10) a claim alleging negligent hiring and supervision of the individual defendants; and (11) what appears to be either a breach of contract claim, or a claim of detrimental reliance, against what plaintiff describes as the “defendant entities,” presumably meaning the institutional defendants. Complaint ¶¶ 69-73.

With respect to each cause of action, the complaint seeks “in excess of $10,000,000.00, in back pay, front pay, benefits of employment, damages, compensatory damages, punitive damages, costs, interest and attorney’s fees.” Complaint at 10-12. Plaintiff also seeks a declaration that defendants willfully violated his rights, and an order enjoining defendants from continuing to violate his rights.

DISCUSSION

I. Claims against Elmira Correctional Facility, the Comptroller’s Office, and Civil Service

Plaintiffs claims against Elmira Correctional Facility, the New York State Comp-[410]*410trailer's Office, and the Department of Civil Service must be dismissed on the ground that those parties are not proper defendants in this suit, as none of them is plaintiffs “employer.” There are not even any allegations concerning the latter two parties, and although plaintiff is employed at Elmira, it is clear that he is employed by DOCS. See Ullah v. NYDOCS, No. 00 Civ. 9506, 2002 WL 1424590, at *1 n. 2, 2002 U.S. Dist. LEXIS 11773, at *2 n. 2 (S.D.N.Y. June 28, 2002) (“Sing Sing Correctional Facility is not a proper defendant and is also dismissed, as plaintiffs employer is NYDOCS and not the individual correctional facility”) (citing Richardson v. N.Y.S. DOCS, No. 97 Civ. 0818, 1999 U.S. Dist. LEXIS 1432, at * 1 (W.D.N.Y. Jan. 29, 1999)); see also Alfano v. Costello, 294 F.3d 365, 369 (2d Cir.2002) (describing DOCS as plaintiff C.O.’s employer).

II. Claims under 42 U.S.C. § 1981

Plaintiffs third, fourth, and fifth causes of action all assert claims under § 1981. That statute guarantees to “[a]ll persons within the jurisdiction of the United States ... the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens....” 42 U.S.C. § 1981(a).

The Supreme Court has made clear, however, that “the express cause of action for damages created by § 1983 constitutes the exclusive federal remedy for violation of the rights guaranteed in § 1981 by state governmental units.... ” Jett v. Dallas Independent School District, 491 U.S. 701, 733, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989) (quoted in Patterson v. County of Oneida, 375 F.3d 206, 226 (2d Cir.2004)) (alteration in original).1 Plaintiffs claims against the institutional defendants under § 1981 must therefore be dismissed.

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Bluebook (online)
583 F. Supp. 2d 404, 2008 U.S. Dist. LEXIS 87312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-new-york-state-department-of-correctional-services-nywd-2008.