Jackson v. Beacon City School District

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WALTER L. JACKSON, Plaintiff, 19-CV-8164 (NSR) -against- ORDER BEACON CITY SCHOOL DISTRICT, Defendants. NELSON S. ROMAN, United States District Judge:

Plaintiff Walter L. Jackson, appearing pro se and proceeding in forma pauperis (IFP), filed this action under Title VII of the Civil Rights Act of 1964 (“Title VIP’), 42 U.S.C. §§ 2000e to 2000e-17, alleging that his employer discriminated against him based on his race. Because Plaintiff did not allege facts suggesting that Defendant took any adverse action against him based on his membership in a protected class, and because his allegations seemed to suggest that there was a reason other than his membership in a protected class that resulted in Defendant not paying him, the Court, by order dated November 14, 2019, granted Plaintiff 60 days’ leave to file

an amended complaint. Plaintiff filed an amended complaint on November 27, 2019. (ECF No. 6.) Plaintiff's amended complaint fails to cure the deficiencies of his original complaint. Plaintiff, in his amended complaint, realleges the same facts. Although he writes “see attached” at the end of his statement of facts, he does not attach any documents to his amended complaint. Plaintiffs amended complaint is therefore insufficient to state an employment discrimination claim.

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LEAVE TO AMEND Second Circuit precedent is clear that “[a] pro se complaint should not [be] dismiss[ed] without [the Court’s] granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated.” Dolan v. Connolly, 794 F.3d 290, 295 (2d Cir. 2015) (quoting Chavis v. Chappius, 618 F.3d 162, 170 (2d Cir. 2010) (internal quotation marks omitted)). Although the Court has already given Plaintiff one opportunity to amend his complaint, in an abundance of caution, the Court grants Plaintiff one final opportunity to amend his complaint to allege enough facts to establish an employment discrimination claim. If Plaintiff is unable to meet this burden in a second amended complaint, the Court will have to dismiss this action for failure to state a claim upon which relief may be granted. If Plaintiff chooses to file a second amended complaint, the Court strongly encourages him to ask for assistance from someone who can help him organize his thoughts and claims. If Plaintiff needs legal advice related to this matter, he may contact the New York Legal Assistance Group’s Legal Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this Court. A copy of the flyer with details of the clinic is attached to this order. The second amended complaint, if Plaintiff chooses to file one, should be sent to this Court’s Pro Se Intake Unit and labeled with docket number 19-CV-8164 (NSR). In the statement of claim, Plaintiff must provide a short and plain statement of the relevant facts supporting each claim against each defendant named in the second amended complaint. Plaintiff is also directed to provide the addresses for any named defendants. To the

greatest extent possible, Plaintiff's second amended complaint must: a) give the names and titles of all relevant persons;

b) describe all relevant events, stating the facts that support Plaintiffs case including what each defendant did or failed to do; c) give the dates and times of each relevant event or, if not known, the approximate date and time of each relevant event; d) give the location where each relevant event occurred; e) describe how each defendant’s acts or omissions violated Plaintiff's rights and describe the injuries Plaintiff suffered; and f) state what relief Plaintiff seeks from the Court, such as money damages, injunctive relief, or declaratory relief. Essentially, the body of Plaintiffs second amended complaint must tell the Court: who violated his federally protected rights; what facts show that his federally protected rights were violated; when such violation occurred; where such violation occurred; and why Plaintiff is entitled to relief, Because Plaintiffs second amended complaint will completely replace, not supplement, the original complaint and the amended complaint, any facts or claims that Plaintiff wishes to maintain must be included in the second amended complaint. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth in the Court’s November 14, 2019 order. Plaintiff must submit the second amended complaint to this Court’s Pro Se Intake Unit within 45 days of the date of this order, caption the document as a “Second Amended Complaint,” and label the document with docket number 19-CV-8164 (NSR). A Second Amended Employment Discrimination Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the Court will dismiss this action for failure to state a claim upon which relief may be granted.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: January 14, 2020 White Plains, New York ef ee “NELSON S. ROMAN United States District Judge

| eag since 1990, NYLAG has provided free civil legal services Don’ Seems) to New Yorkers who cannot afford private attorneys. NEW YORK LEGAL ASSISTANCE GROUP Free Legal Assistance for Self-Represented Civil Litigants in Federal District Court in Manhattan and White Plains

The NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York is a free legal clinic staffed by oe attorneys and paralegals to assist those who Thurgood Marshall are representing themselves or planning to United States Courthouse represent themselves in civil lawsuits in the Room LL22 oe □□ Southern District of New York. The clinic, 40 Centre Street □□□□ which is not part of or run by the court, New York, NY 10007 □□ assists litigants with federal civil cases (212) 659 6190 including cases involving civil rights, employment discrimination, labor law, Open weekdays social security benefits, foreclosure and tax. IO am.- 4 p.m. The clinic cannot assist individuals while Closed on federal and court holidays they are incarcerated, but can provide oe □□ assistance to litigants once they are . released from custody. ge

To make an appointment for a The Hon. Charles L. Brieant Jr. consultation, call (212) 659-6190 or come Federal Building and Courthouse by either clinic during office hours. Please 300 Quarropas St □□ note that a government-issued photo ID is White Plains, NY 10601 required to enter either building. (212) 6596190 The clinic offers in-person Open Wednesday oe appointments only. The clinic does ae 12 p.m.- 4 p.m. not offer assistance over the phone Closed on federal and court holidays or by email. □

Disclaimer: The informati -ontained herein is for informational purposes only and is not legal a heneticiay o ene eatet □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ UIAQFederation

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Write the full name of each plaintiff. CV (Include case number if one has been assigned) “against: Do you want a jury trial? OlYes CINo

Write the full name of each defendant. The names listed above must be identical to those contained in Section I. SECOND AMENDED EMPLOYMENT DISCRIMINATION COMPLAINT

NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual's birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.

Rev. 3/24/17

L PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.

First Name Middle Initial Last Name

Street Address

County, City State Zip Code

Telephone Number Email Address (if available) B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. (Proper defendants under employment discrimination statutes are usually employers, labor organizations, or employment agencies.) Attach additional pages if needed.

Defendant 1: Name Address where defendant may be served

Defendant 2: Name

Address where defendant may be served

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Defendant 3: Name

County, City State Zip Code II, PLACE OF EMPLOYMENT The address at which I was employed or sought employment by the defendant(s) is:

Name

Address a County, City State Zip Code Ill. CAUSE ACTION A. Federal Claims This employment discrimination lawsuit is brought under (check only the options below that apply in your case): Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, for employment discrimination on the basis of race, color, religion, sex, or national origin The defendant discriminated against me because of my (check only those that apply and explain): □□ race: LJ color: C] religion: CL] sex: CL) national origin:

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[1 42U.S.C. § 1981, for intentional employment discrimination on the basis of race My race is: 1) Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 to 634, for employment discrimination on the basis of age (40 or older) I was born in the year: C1) Rehabilitation Act of 1973, 29 U.S.C. §§ 701 to 796, for employment discrimination on the basis of a disability by an employer that constitutes a program or activity receiving federal financial assistance My disability or perceived disability is: (1) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, for employment discrimination on the basis of a disability My disability or perceived disability is: [1 Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 to 2654, for employment discrimination on the basis of leave for qualified medical or family reasons B. Other Claims In addition to my federal claims listed above, I assert claims under: 1 New York State Human Rights Law, N.Y. Exec. Law §§ 290 to 297, for employment discrimination on the basis of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status C1] New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101 to 131, for employment discrimination on the basis of actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage, citizenship status (] Other (may include other relevant federal, state, city, or county law):

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IV. STATEMENT OF CLAIM A, Adverse Employment Action The defendant or defendants in this case took the following adverse employment actions against me (check only those that apply): □□ did not hire me [] terminated my employment L} did not promote me QO) did not accommodate my disability C1 provided me with terms and conditions of employment different from those of similar employees C] retaliated against me (] harassed me or created a hostile work environment Cl other (specify):

B. Facts State here the facts that support your claim. Attach additional pages if needed. You should explain what actions defendants took (or failed to take) because of your protected characteristic, such as your race, disability, age, or religion. Include times and locations, if possible. State whether defendants are continuing to commit these acts against you.

□

As additional support for your claim, you may attach any charge of discrimination that you filed with the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, or any other government agency.

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V. ADMINISTRATIVE PROCEDURES For most claims under the federal employment discrimination statutes, before filing a lawsuit, you must first file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) and receive a Notice of Right to Sue. Did you file a charge of discrimination against the defendant(s) with the EEOC or any other government agency? Yes (Please attach a copy of the charge to this complaint.) When did you file your charge? L] No Have you received a Notice of Right to Sue from the EEOC? □□ Yes (Please attach a copy of the Notice of Right to Sue.) What is the date on the Notice? When did you receive the Notice? No VI. RELIEF The relief I want the court to order is (check only those that apply): C1 direct the defendant to hire me QO direct the defendant to re-eemploy me (1 direct the defendant to promote me direct the defendant to reasonably accommodate my religion 1 direct the defendant to reasonably accommodate my disability O direct the defendant to (specify) (if you believe you are entitled to money damages, explain that here) NN we nn

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VII. PLAINTIFF'S CERTIFICATION By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. agree to notify the Clerk's Office in writing of any changes to my mailing address. | understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated Plaintiff's Signature i First Name Middle Initial Last Name ne Street Address

Telephone Number Email Address (if available)

Ihave read the attached Pro Se (Nonprisoner) Consent to Receive Documents Electronically: Yes LINo If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.

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Oy ey #\ United States District Court yes 4) Southern District of New York Kee Cree 7 Pro Se (Nonprisoner) Consent to Receive Documents Electronically Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following: 1. Sign up for a PACER login and password by contacting PACER} at www.pacer.uscourts.gov or 1-800-676-6856; 2. Complete and sign this form. If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e-mail each time a document is filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail.2 Once you click the hyperlink and access the document, you may not be able to access the document for free again. After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlink is accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges. IMPORTANT NOTICE Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service: 1. You will no longer receive documents in the mail; 2. Ifyou do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents; 3. This service does not allow you to electronically file your documents; 4. It will be your duty to regularly review the docket sheet of the case.

1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet. 2 You must review the Court's actual order, decree, or judgment and not rely on the description in the email notice alone. See ECF Rule 4.3 3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s Office at the Court. 500 PEARL STREET NEW YORK, NY 10007 300 QUARROPAS STREET | WHITE PLAINS, NY 10601 PRO SE INTAKE UNIT: 212-805-0175 6h indae

CONSENT TO ELECTRONIC SERVICE hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. [have regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2, lhave established a PACER account; 3. Lunderstand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that | will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4, Iwill promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if | wish to cancel this consent to electronic service; 5. Tunderstand that I must regularly review the docket sheet of my case so that I do not miss a filing; and 6, lunderstand that this consent applies only to the cases listed below and that if I file additional cases in which I would like to receive electronic service of notices of documents, I must file consent forms for those cases. Civil case(s) filed in the Southern District of New York: Note: This consent will apply to all cases that you have filed in this court, so please list all of your pending and terminated cases. For each case, include the case name and docket number (for example, John Doe v. New City, 10-CV-01234).

i Name (Last, First, MI)

Address City State Zip Code

Telephone Number E-mail Address

Date Signature Return completed form to: Pro Se Intake Unit (Room 200) 500 Pearl Street New York, NY 10007