Edwards v. Penix

388 F. Supp. 3d 135
CourtDistrict Court, N.D. New York
DecidedJuly 24, 2019
Docket5:18-CV-1287
StatusPublished
Cited by33 cases

This text of 388 F. Supp. 3d 135 (Edwards v. Penix) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. Penix, 388 F. Supp. 3d 135 (N.D.N.Y. 2019).

Opinion

DAVID N. HURD, United States District Judge

I. INTRODUCTION

On November 2, 2018, pro se plaintiff Jasmine Grace-Louise Edwards ("Edwards" or "plaintiff"), a graduate of a certificate program at the State University of New York's ("SUNY") Educational Opportunity Center ("EOC") in Syracuse, New York, filed this action against defendants Christopher Montgomery ("Montgomery"), an EOC staff assistant, and Tim Penix ("Penix"), Vice President of the Syracuse EOC.

According to Edwards's complaint, Montgomery and Penix (collectively "defendants") violated her rights under the First and Fourteenth Amendments to the U.S. Constitution while she was enrolled in the EOC's clinical health training program. Plaintiff accompanied her pleading with a motion for leave to proceed in forma pauperis ("IFP"); that is, for permission to continue this action without pre-paying the filing fees that are otherwise required.

On December 4, 2018, U.S. Magistrate Judge Andrew T. Baxter granted Edwards's request for IFP status, conducted an initial review of plaintiff's complaint in accordance with 28 U.S.C. § 1915, and ordered the issuance of summonses for *139service of process upon the two named defendants. Edwards v. Penix , 2018 WL 7290827 (N.D.N.Y. Dec. 4, 2018) (Baxter, M.J.).

On February 14, 2019, defendants moved under Federal Rule of Civil Procedure ("Rule") 12(b)(6) to dismiss Edwards's complaint in its entirety. According to defendants' motion, plaintiff has failed to plead any plausible violations of her federal constitutional rights. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument.

II. BACKGROUND

The following facts are taken from Edwards's complaint and supplemented1 by her response in opposition to defendants' motion. These facts are assumed true for the purpose of resolving defendants' motion to dismiss.

In late 2016, Edwards signed up to participate in the EOC's clinical health training program. Compl. at 4. SUNY operates EOCs across the state as a free service to adult learners who meet certain eligibility requirements. See http://www.suny.edu/features/eoc/.

Edwards alleges the program she signed up for was originally slated to run from November 28, 2016 through December 9, 2016, with a week of job interviews to follow thereafter. Pl.'s Opp'n, Dk. No. 5-1, 8. However, the first day of the program was cancelled because of a snowstorm. Id. Pl.'s Opp'n at 8.

Edwards alleges that Montgomery, an EOC staff assistant, called to tell her "that the class would resume on the following day and lead into the following week." Pl.'s Opp'n at 8. Plaintiff also alleges that Penix's assistant instructed plaintiff to "leave a message with her" about Montgomery's "harassment." Id. According to plaintiff, Penix returned her call but the "line disconnected" and he did not pick up when she called him back.2 Id.

On December 6, 2016, and again on December 12, 2016, Montgomery allegedly prevented Edwards from participating in class. Compl. at 2. According to plaintiff, Montgomery asked her "to stay after class for a meeting with him and another employee." Id. at 3. At that time, Montgomery told plaintiff she would be released from the training program because he believed she was passing notes to other students.3 Id. Plaintiff offered to show Montgomery the notes at issue but he refused to look at them. Id.

Edwards challenged her removal from the program, seeking out and receiving a meeting with the Syracuse EOC's Director of Student Services (the "EOC Director"). Compl. at 4. According to plaintiff, the EOC Director reversed Montgomery's decision but told plaintiff she would have to ask for employer interviews separately from the rest of the class. Id. Montgomery accepted the Director's decision, but stated *140that he would not be giving her a "referral" from his program. Id.

Thereafter, Montgomery gave to Edwards a certificate signifying her successful completion of the training program. Compl. at 4, 8-9. However, during one of plaintiff's later employer interviews Montgomery "interrupted" the meeting and directed his "security guard" to remove plaintiff from the building. Id. at 4. Plaintiff alleges that this amounts to a violation of her constitutional rights, and asserts that Penix, as Vice President, should have done more to provide "fair procedures" at the EOC. Compl. at 6. Plaintiff seeks "130 million dollars" in damages. Id.

III. LEGAL STANDARD

"To survive a Rule 12(b)(6) motion to dismiss, the '[f]actual allegations must be enough to raise a right to relief above the speculative level.' " Ginsburg v. City of Ithaca , 839 F. Supp. 2d 537, 540 (N.D.N.Y. 2012) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). "Dismissal is appropriate only where plaintiff has failed to provide some basis for the allegations that support the elements of his claims." Id.

"When ruling on a motion to dismiss, the court must accept as true all of the factual allegations contained in the complaint and draw all reasonable inferences in the non-movant's favor." Faiaz v. Colgate Univ. , 64 F. Supp. 3d 336, 344 (N.D.N.Y. 2014) (Baxter, M.J.). In making this determination, a court generally confines itself to the "facts stated on the face of the complaint, ... documents appended to the complaint or incorporated in the complaint by reference, and ... matters of which judicial notice may be taken." Goel v. Bunge, Ltd. ,

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Bluebook (online)
388 F. Supp. 3d 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-penix-nynd-2019.