Caputo v. Copiague Union Free School District

218 F. Supp. 3d 186, 2016 U.S. Dist. LEXIS 153243, 2016 WL 6581865
CourtDistrict Court, E.D. New York
DecidedNovember 4, 2016
DocketCivil Action No. 15-5292 (DRH)
StatusPublished
Cited by13 cases

This text of 218 F. Supp. 3d 186 (Caputo v. Copiague Union Free School District) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caputo v. Copiague Union Free School District, 218 F. Supp. 3d 186, 2016 U.S. Dist. LEXIS 153243, 2016 WL 6581865 (E.D.N.Y. 2016).

Opinion

MEMORANDUM & ORDER

HURLEY, Senior District Judge:

Plaintiff, Linda Caputo, (“plaintiff’ or “Caputo”) commenced this action on September 13, 2015 against the Copiague Union Free School District (the “District”) and its Superintendent, Charles A. Leunig (“Leunig”) (District and Leunig are collectively referred to as “defendants”) asserting claims pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (the “ADA”), the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (the “ADEA”) and the New York State Human Rights Law, N.Y. Exec. Law § 290, et seq. (the “NYSHRL”). Presently before the Court is defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (6) and plaintiffs cross-motion to amend her complaint. For the reasons set forth below, defendants’ motion is granted in part and denied in part and plaintiffs cross-motion is denied.

FACTUAL BACKGROUND

The following allegations are taken from the Complaint (“Compl.”), with certain dates modified as set forth in plaintiffs letter dated November 1,2016.1

Plaintiff has been employed by the District as an assistant principal since September 2003. (Compl. ¶ 13.) Born on January 7, 1953, she “was the oldest person among the principals and assistant principals employed by the [District].” (Id. ¶¶ 7, 14.) On or about December 18, 2013, plaintiff underwent surgery, i.e. “an open reduction and internal fixation,” for a “trimalleolar fracture” to her right ankle sustained five days before.

Apparently plaintiff was unable to work for the next six weeks as a result of that injury and surgery, as it is alleged that when she returned to work on or about February 4, 2014, she was “substantially impaired in the major life functions of walking and standing” but still “able to perform the essential duties of her position.” (Compl. ¶¶ 18-20.) Upon her return, “reasonably believ[ing] she was entitled to reasonable accommodations,” she “requested reasonable accommodations, including bringing her wheel chair to her upon her arrival at the curb in front of the school, modifying her hours, modifying her night assignments, modifying her cafeteria supervision duties, and modifying the an [sic] alleged dress code.” (Id. ¶ 20-21.) “Defendants directed the nursing and security staffs not to assist” her and “failed to provide [her] with reasonable accommodations provided to younger employees.” (Id. ¶ 23-24.)

“On or about March 24, 2014, the Defendants reassigned the plaintiff pending investigation.” (Compl. ¶25.) The complaint contains no specifics regarding either the reassignment or the investigation. It simply goes on allege that on or about Sep[189]*189tember 15, 2014, defendants brought charges under New York State Education Law 3020-a,2 which charges were brought “without good cause or justification,” “in retaliation for the Plaintiff having requested reasonable accommodations,” and because of her age and disability. (Id. ¶¶ 26-30.)

The allegations in the proposed amended complaint (“PAC”) mirror the allegations in the complaint with the following exceptions. First, it reflects the issuance of a right to sue letter. Second, it omits any federal claims against Leunig. Third, it is alleged that most of the 3020-a charges, which were recommended to the Board by Leunig, relate to events that occurred before she was injured and that at the time of those events defendants did not discuss them with her or criticize her for them. Moreover, no such unjustified charges were brought against “younger employees or employees who were not disabled or perceived as disabled.” (PAC ¶¶ 3,27, 28 & 32.) Lastly, with respect to her request for accommodation, it is alleged that defendants failed to provide her “with reasonable accommodations provided to younger employees whose injuries interfered with their ability to walk. Younger staff members were provided with assistance moving about the building, including but not limited to Jean Marie Fortunato and Ben Shur-line.” (Id. ¶ 24.)

PROCEDURAL BACKGROUND

On November 24, 2014, plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). She requested a right to sue letter on August 17, 2015 and received it on or about January 13,2016.

On December 11, 2014, plaintiff presented a notice of claim to the District pursuant to § 3813 of the New York Education Law. The notice of claim explicitly named the District (“Copiague Public Schools” and the “Board of Education”). Although it did not explicitly name Leunig, it did include the identifier “Superintendent” as one of the parties.

The instant action was commenced on September 13,2015.

DISCUSSION

I. Legal Standard: Rule 12(b)(1) Motion

A case may properly be dismissed for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) “when the district court lacks the statutory or constitutional power to adjudicate it.” Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). “In contrast to the standard for a motion to dismiss for failure to state a claim under Rule 12(b)(6), a ‘plaintiff asserting subject matter jurisdiction has the burden óf proving by a preponderance of the evidence that it exists.’ ” Mac Pherson v. State St. Bank & Trust Co., 452 F.Supp.2d 133, 136 (E.D.N.Y. 2006) (quoting Reserve Solutions Inc. v. Vernaglia, 438 F.Supp.2d 280, 286 (S.D.N.Y. 2006)), aff'd, 273 Fed.Appx. 61 (2d Cir. 2008); accord Tomaino v. United States, 2010 WL 1005896, at *1 (E.D.N.Y. Mar. 16, 2010). “In resolving a motion to dismiss for lack of subject matter jurisdiction, the Court may consider affidavits and other materials beyond the pleadings to resolve jurisdictional questions.” Cunningham v. Bank of New York Mellon, N.A., 2015 WL 410839, *1 (E.D.N.Y. July 8, 2015) (citing Morrison v. Nat’l Australia Bank, Ltd., 547 F.3d 167, 170 (2d Cir. 2008)).

[190]*190II. Legal Standard: Rule 12(b)(1) Motion

In deciding a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a court should “draw all reasonable inferences in Plaintiffi’s] favor, assume all well-pleaded factual allegations to be true, and determine whether they plausibly give rise to an entitlement to relief.” Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011) (internal quotation marks omitted). The plausibility standard is guided by two principles. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly,

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218 F. Supp. 3d 186, 2016 U.S. Dist. LEXIS 153243, 2016 WL 6581865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caputo-v-copiague-union-free-school-district-nyed-2016.