Eldridge v. Rochester City School District

968 F. Supp. 2d 546, 2013 WL 5104279, 2013 U.S. Dist. LEXIS 131705
CourtDistrict Court, W.D. New York
DecidedSeptember 13, 2013
DocketNo. 12-CV-6365L
StatusPublished
Cited by22 cases

This text of 968 F. Supp. 2d 546 (Eldridge v. Rochester City School District) 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
Eldridge v. Rochester City School District, 968 F. Supp. 2d 546, 2013 WL 5104279, 2013 U.S. Dist. LEXIS 131705 (W.D.N.Y. 2013).

Opinion

DECISION & ORDER

MARIAN W. PAYSON, United States Magistrate Judge.

Plaintiff Teresa Eldridge (“Eldridge”) filed this action against the Rochester City School District (the “District”) under. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Docket # 1). Currently pending before this Court is Eldridge’s motion for leave to file an amended complaint. (Docket # 17). For the reasons discussed below, Eldridge’s motion is granted in part and denied in part.

FACTUAL BACKGROUND

Eldridge filed this action against the District on July 3, 2012. (Docket # 1). The allegations in the complaint arise out of Eldridge’s employment with the District, which commenced in 1999. (Docket # 1 at ¶ 10). According to the complaint, Eldridge’s last position with the District was as a teacher at School Without Walls, where Thomas Pappa (“Pappa”) was the principal and Eldridge’s supervisor. (Id. at ¶¶ 11-16). The complaint alleges that Eldridge suffered disparate treatment beginning at the start of the 2011-2012 school year. (Id. at ¶¶ 15-17). Eldridge alleges that when she returned to school in September, her name had been removed from her mailbox and she was the only teacher who had not been issued a key to her classroom, while other, younger Caucasian employees were not subject to the same treatment. (Id. at ¶ 15). In addition, according to the complaint, Pappa began to send “harassing emails” to Eldridge concerning her non-attendance at team meetings. (Id. at ¶ 16). The complaint further alleges that in December 2011, Pappa informed her that another teacher had accused her of harassment, and in February 2012 Pappa informed her that she was being investigated for racial harassment by Patrick Crough (“Crough”), an experienced investigator with the Monroe County Sheriffs Office. (Id. at ¶¶ 18-21). According to the complaint, the District’s policy required that the harassment complaint be referred to the human resources department. (Id. at ¶ 20).

Eldridge’s complaint asserts that Pappa threatened Eldridge that they would not be working in the same school together the following year. (Id. at ¶ 22). In addition, Pappa told Eldridge that if she would agree to a transfer to another school, the harassment investigation would cease. (Id. at ¶ 23). Further, the complaint alleges that on March 2, 2012, during Eldridge’s mid-year review, Pappa told her that she would not be returning to the building next year and that the investigation by Crough would continue because she had not accepted Pappa’s transfer offer. (Id. at ¶¶ 27-28). He also allegedly stated that Eldridge was “not a good fit.” (Id. at ¶ 30).

[551]*551On October 5, 2012, the District moved to dismiss the complaint on the grounds that Eldridge failed to state a claim for discrimination or hostile work environment under Title VII. (Docket # 9). That motion is pending before United States District Judge David G. Larimer.

On February 1, 2013, Eldridge filed the pending motion for leave to file an amended complaint. (Docket # 17). According to Eldridge, the purpose of the motion is three-fold. First, Eldridge seeks to add Pappa as a defendant to the action in his individual capacity. (Docket # 17-2 at ¶ 3). Second, Eldridge wishes to add three causes of action: a claim for denial of equal protection against the District and Pappa under 42 U.S.C. § 1983; a Monell claim against the District; and, a claim against Pappa for punitive damages. (Id.). Finally, Eldridge contends that the motion seeks to correct Crough’s title and position. (Id.). In the original complaint, Eldridge repeatedly identified Crough as an investigator with the Monroe County Sheriffs Office and alleged that the District improperly threatened and indeed initiated an investigation with the sheriffs office in order to intimidate Eldridge. (Docket # 1 at ¶¶ 19, 20, 24, 25, 35). The proposed amended complaint asserts that Crough is an employee of the District, who was formerly employed as an investigator with the Monroe County Sheriffs Office. (Docket # 17-2 at Ex. D at ¶¶ 23, 24, 28). The proposed amended complaint continues to assert that the harassment investigation should not have been conducted by Crough, but should have been referred to the District’s human resources department. (Id. at ¶ 24).

Despite Eldridge’s characterization of her proposed amendments as described above, the proposed amended complaint actually reflects several additional modifications that are not identified or addressed in Eldridge’s moving papers. (Docket # 17-2). First, Eldridge’s proposed amended complaint removes all references to “age” or to age discrimination, as well as the reference in the first paragraph to hostile work environment.1 (Docket # 17-2 at Ex. D at ¶¶ 1, 18, 19, 35, 36). Further, Eldridge’s proposed amended complaint modifies and expands the factual allegations in the complaint. For instance, Eldridge’s proposed amended complaint includes allegations that she had been involuntarily transferred from her position at School Without-Walls. (Docket # 17-2 at Ex. D at ¶¶ 35, 37, 38, 62). In addition, Eldridge asserts that she previously had complained to Pappa and “others” that she believed that she had been discriminated against on the basis of race. (Id. at ¶ 21). Finally, the proposed amended complaint adds several factual allegations that appear designed to plead the legal elements necessary to state claims for the three additional causes of action. (Id. at ¶¶ 10-12, 37 — 45).

On February 4, 2013, Eldridge filed a document docketed as a supplemental response in opposition to the motion to dismiss. (Docket # 18). . A review of the document suggests that it is intended in part to supplement or amend Eldridge’s motion to amend and in part to amend the memorandum of law in opposition to the motion to dismiss. (Compare Docket # 18 with Docket # 18-1). For instance, the supplemental declaration states that it is made “in support of Plaintiffs Motion to amend her Complaint in this matter.” (Docket # 18-1 at ¶ 2). According to her attorney’s declaration, the proposed amended complaint attached to Eldridge’s motion seeking leave to amend contained [552]*552additional factual inaccuracies. (Id.). Specifically, the proposed amended complaint had alleged that Eldridge had been transferred from School Without Walls to a “less desirable school” (id.; Docket # 17-2 at Ex. D at ¶¶ 35, 37, 38, 62), when, in fact, Eldridge had not been transferred from the school; this error has been corrected in the supplemental proposed amended complaint. (Docket # 18-1 at Ex. A).2

The District opposes the motion to amend on the grounds that it improperly seeks to avoid dismissal of the complaint, that the proposed additional causes of action are futile and that it is unclear whether the causes of action are asserted against the District, Pappa or both. (Docket #22). The District notes that Eldridge alleges for the first time in the proposed amended complaint that she had complained of discrimination and was retaliated against based upon these complaints. (Id. at 3).

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

Related

Weems v. State of New York
W.D. New York, 2024
Agosto v. New York City Department of Education
982 F.3d 86 (Second Circuit, 2020)
Sotak v. Bertoni
N.D. New York, 2020
Booker v. City Of Lynchburg
W.D. Virginia, 2020
Marentette v. City of Canandaigua
351 F. Supp. 3d 410 (W.D. New York, 2019)
Tears v. Bos. Scientific Corp.
344 F. Supp. 3d 500 (S.D. Illinois, 2018)
Oden v. Bos. Scientific Corp.
330 F. Supp. 3d 877 (E.D. New York, 2018)
Jones v. Bay Shore Union Free School District
170 F. Supp. 3d 420 (E.D. New York, 2016)
Cowan v. City of Mount Vernon
95 F. Supp. 3d 624 (S.D. New York, 2015)
Campbell v. New York City Transit Authority
93 F. Supp. 3d 148 (E.D. New York, 2015)
Lin v. County of Monroe
66 F. Supp. 3d 341 (W.D. New York, 2014)
Alley Sports Bar, LLC v. SimplexGrinnell, LP
58 F. Supp. 3d 280 (W.D. New York, 2014)
Nielsen v. City of Rochester
58 F. Supp. 3d 268 (W.D. New York, 2014)
T.E. v. Pine Bush Central School District
58 F. Supp. 3d 332 (S.D. New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
968 F. Supp. 2d 546, 2013 WL 5104279, 2013 U.S. Dist. LEXIS 131705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eldridge-v-rochester-city-school-district-nywd-2013.