Dawkins v. Biondi Education Center

164 F. Supp. 3d 518, 2016 WL 590237, 2016 U.S. Dist. LEXIS 16882
District Court, S.D. New York·Decided February 10, 2016·No. No. 13-CV-2366 (KMK)·Published·Cited by 6 cases

Opinion

OPINION AND ORDER

KENNETH M. KARAS, District Judge

Pro se Plaintiff Donald Dawkins (“Plaintiff’) filed the instant Fifth Amended Complaint pursuant to 42 U.S.C. § 1983 against Biondi Education Center (“Biondi” or “the school”), Leake & Watts Services (“Leake & Watts”), and their employees, Allan Mucatel (“Mucatel”), Alphonso Grimes (“Grimes”), Donald Antonecchia (“Antonecchia”), George Cancro (“Can-cro”), Jill St. John (“St. John”), and Ralph Causwell (“Causwell”) (collectively, “Defendants”), alleging violations of his rights under the First, Fifth, and Fourteenth Amendments of the Constitution. (See generally Pl.’s Fifth Amended Compl. (“Compl.”) (Dkt. No. 49).) Plaintiff further alleges unlawful discrimination by Defendants, in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (“Title VT”). (See generally Pl.’s Opp’n to Defs.’ Mot. to Dismiss (“PL’s Opp’n”) (Dkt. No. 60).) Before the Court is Defendants’ Motion To Dismiss Plaintiffs Fifth Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 54.) For the reasons explained herein, Defendants’ Motion is granted.

I. Background

A. Factual Background

The following facts are drawn from Plaintiffs Fifth Amended Complaint and the documents attached to his opposition papers, which the Court takes as true for the purpose of resolving the instant Motion.1

Plaintiff is a former employee of Leake & Watts, having held a non-teaching position at Biondi between 2001 and 2012. (See Compl. at unnumbered 3, 12; PL’s Opp’n Ex. D (“Aff. of James Faulkner, Jr.”) at unnumbered 1.) “[Controlled and owned by Leake [&] Watts,” Biondi is “a public high school with private status” that provides educational services to students with special needs. (Compl. at unnumbered 10, 15.) “[T]hese types of private schools” are “heavily regulated and closely supervised by the State,” (id. at unnumbered 3, 7), which “almost entirely” funds the school’s budget, (id. at unnumbered 5). For these reasons, Plaintiff contends that Leake & Watts, Biondi, and the named employees are “an arm of the State” that should be “deemed State actors” for purposes of his § 1983 and Title VI claims. (PL’s Sur-Reply to Defs.’ Mot. to Dismiss (“PL’s Sur-Reply”) at unnumbered 1 (Dkt. No. 67).)

The events giving rise to these claims trace back to December 2011, when Plaintiff launched “a union organizing campaign” for workers employed by Leake & Watts. (PL’s Opp’n Ex. A (“Aff. of Julie Berman”) ¶ 3.) He took “a leading role” in these efforts, “trying to overcome the chill[522] ing effects of [Leake & Watts’] union-busting campaign.” (Id. ¶¶ 11, 13.) As a result, Plaintiff “started having problems with the administration” and “was really being single[d] out.” (Pl.’s Opp’n Ex. E (“Aff. of Perry Kelly”) at unnumbered 1.) He was forced to relocate his office, (see id.; Compl. at unnumbered 11), and “was consistently reassigned job duties,” (Pl.’s Opp’n Ex. I (“Aff. of Windell Whitett”) at unnumbered 1).

In May 2012, Plaintiff was involved in an “alleged assault incident” with a student and then “suspended immediately” by the school. (Compl. at unnumbered 12; see also Pl.’s Opp’n Ex. J (“Aff. of Kenneth M. Stevens”) at unnumbered 1.) Shortly thereafter on May 14, 2012, Leake & Watts, “without conducting a full investigation,” and in violation of “their own policies and regulations,” (Compl. at unnumbered 8, 14), “informed him that he was being terminated,” (Aff. of Julie Berman ¶ 14).

Plaintiff thus contends that Defendants violated his constitutional rights, (see Compl. at unnumbered 1), and unlawfully discriminated against him, in violation of Title VI, (see PL’s Opp’n at unnumbered 4-6). Specifically, the Fifth Amended Complaint alleges that Mucatel, Chief Executive Officer of Leake & Watts, “ordered his subordinates to undermine any and every effort made by [P]laintiff ... to organize a union at [Biondi],” while Biondi Superintendent Antonecchia “conspired with all other [Defendants to stop [Plaintiff from forming a union.” (Compl. at unnumbered 10.) St. John, an administrative assistant at Biondi, allegedly “issu[ed] confidential information regarding [P]lain-tiffs background ... for retaliatory purposes” in response to “[P]laintifPs union forming activities.” (Id. at unnumbered 11.) The Fifth Amended Complaint further alleges that Support Supervisor Causwell, Assistant Principle Grimes, and Principal Cancro “failfed] to give [P]lain-tiff his Due Process [Flights” prior to his termination resulting from “the alleged assault incident.” (Id. at unnumbered 12-13.)

B. Procedural Background

On April 8, 2013, Plaintiff commenced this Action against Mucatel, Antonecchia, St. John, Causwell, Grimes and Cancro, (Dkt. No. 2), filing an Amended Complaint four days later, (Dkt. No. 4). On September 12, 2013, Plaintiff filed a Second Amended Complaint, adding Leake & Watts and Biondi as Defendants. (Dkt. No. 9.) On November 15, 2013, he filed a Third Amended Complaint against all Defendants named in his Second Amended Complaint. (Dkt. No. 11.) Plaintiff then filed a Fourth Amended Complaint on October 7, 2014. (Dkt. No. 45.)

Ultimately, Plaintiff filed this Fifth Amended Complaint on January 8, 2015, alleging that Defendants “depriv[ed] Plaintiff of those rights secured under the Constitution and laws of the United States” by “taking adverse employment actions against him in retaliation for his protected speech.” (Compl. at unnumbered 1.) Defendants filed their Motion To Dismiss and supporting papers on March 9, 2015. (Dkt. Nos. 54-57.) Plaintiff filed opposition papers on April 15, 2015, now additionally alleging that Defendants “adopted discriminatory and retaliatory tactics” in response to his “attempts] to exercise his constitutional rights to form a union,” allegedly in violation of Title VI. (PL’s Opp’n at unnumbered 5.) Defendants filed a reply on April 29, 2015, (Dkt. No. 62), and Plaintiff filed a sur-reply on June 22, 2015, (Dkt. No. 67).

II. Discussion

A. Standard of Review

Free access — add to your briefcase to read the full text and ask questions with AI

Dawkins v. Biondi Education Center, 164 F. Supp. 3d 518, 2016 WL 590237, 2016 U.S. Dist. LEXIS 16882 (S.D.N.Y. 2016).

164 F. Supp. 3d 518 (Dawkins v. Biondi Education Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Untitled Case
S.D. New York, 2026
Untitled Case
S.D. New York, 2026
Untitled Case
S.D. New York, 2026
Untitled Case
S.D. New York, 2026
Manchanda v. Lane
S.D. New York, 2024
D.W.M v. St. Mary School
E.D. New York, 2019