Langton v. Town of Chester

168 F. Supp. 3d 597, 2016 U.S. Dist. LEXIS 26982, 2016 WL 839052
CourtDistrict Court, S.D. New York
DecidedMarch 2, 2016
DocketNo. 14-cv-9474 (NSR)
StatusPublished
Cited by7 cases

This text of 168 F. Supp. 3d 597 (Langton v. Town of Chester) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langton v. Town of Chester, 168 F. Supp. 3d 597, 2016 U.S. Dist. LEXIS 26982, 2016 WL 839052 (S.D.N.Y. 2016).

Opinion

OPINION & ORDER

NELSON S. ROMAN, United States District Judge

Plaintiff Mary Langton brings this action against Defendants the Town of Ches-ter (the “Town”) and Alex Jamieson (collectively, the “Town Defendants”) and the Town of Chester Library Board (the “Library Board”) and Teresa Mallon (collectively, the “Library Defendants”) for alleged violations of 42 U.S.C. § 1983. Each defendant group has moved to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the Town Defendants’ motion is GRANTED and the Library Defendants’ motion is GRANTED in part and DENIED in part.

BACKGROUND

The following facts are taken from the complaint (ECF No. 1, or the “Complaint”) unless otherwise noted and are accepted as hue for the purposes of this motion.

In January 2012, Plaintiff was appointed by the board of the Town of Chester (the “Town Board”) to serve as a trustee on the Library Board, which position carries a 4 year term. (Compl. ¶¶ 6, 39.) Beginning in 2013, as President of the Library Board, Plaintiff raised issues with the operations of the library, and, in particular, the performance of the library director Maureen Jagos. (Id. ¶ 7.) Plaintiff continued to have confrontations with Jagos throughout 2013, which culminated in Plaintiffs issuance of a needs improvement performance review [601]*601for Jagos in 2014. (Id. ¶ 17.) The Complaint outlines several of the confrontations between Plaintiff and Jagos, including the following:

• On February 6, 2013, Plaintiff wrote to the Town Supervisor Steve Neuhaus regarding insufficient heating systems in the library and the town’s failure to remedy the problem. (Id. ¶ 8.) At the time of this letter, Jamieson was a member of the Town Board. (Id.)
• In March 2013, the director of the regional library network informed Plaintiff about the possibility of establishing a Friends of the Library group as a 501(c)(3).1 (Id. ¶ 9.) In May 2013, Plaintiff learned that the library had established such a group and donated $1,000 from library funds to the group. (Id.)
• In May 2013, Jagos informed the Library Board that the library could purchase new computers for $4,000; however, Jagos later informed that Library Board that she was mistaken and the computers would cost $6,500. (Id. ¶ 10.) Jagos requested the Library Board’s permission to purchase the computers at the higher price and amend the Library Board’s minutes to reflect the board’s assent to the new price. (Id.)
• During the summer of 2013, Plaintiff sought to have the Library Board adopt a handbook for library staff, and at the August 2013 board meeting she distributed to Jagos and other trustees the handbooks in use at nearby local libraries. (Id. ¶ 11.) Plaintiff also requested that Jagos provide the Library Board with a job description to enable the trustees to evaluate Ja-gos’ performance, but she failed to do so. (Id. ¶ 12.)
• In late August 2013, Jagos accused Plaintiff of prematurely submitting the library budget to the Town Board. (Id. ¶ 14.) In actuality, a member of the Town Board had previously received a draft of the preliminary budget at a Library Board meeting and presented it to the Town Board as the final library budget. (Id.) Plaintiff explained at the Town Board meeting that the draft budget was not final, and the Library Board would take its time to review the budget. (Id. ¶¶ 14-15.)
• In October 2013, Jagos rejected Plaintiffs idea that the Library Board arrange for an independent audit of the library, arguing that it was a waste of money. (Id. ¶ 13.)
• In December 4, 2013, Plaintiff discovered that Jagos intended to close the library for staff training without previously seeking approval from the Library Board, as was past practice. (Id. ¶ 16.)

Plaintiff raised further issues with the operations of the library, including mismanagement of finances, nepotism, and personal use of library property. (Id. ¶ 26.)

Plaintiff, on behalf of the Library Board, gave Jagos her first performance review as Director of the library in January 2014. (Id. ¶ 17.) The performance review indicated Jagos needed to improve and would be reevaluated in six months. (Id.) Plaintiff initially drafted the review and received verbal and written comments from other trustees on the Library Board in preparing the final report. (Id.) Subsequent to Jagos receiving her review, two members of the Library Board attacked Plaintiff and claimed they had not signed off on the final performance review. (Id. ¶ 18.) One of [602]*602those members, Eileen Sullivan, had notified the Library Board in August 2013 that she would no longer attend meetings and did not participate in the review process. (Id.) The other member, Tanya Woods, was the first board member to approve the content of the performance review, (Id.) Plaintiff responded to these personal attacks in writing. (Id.) In early 2014, Teresa Mallon became the President of the Library Board, and Plaintiff became the Vice President. (Id.)

In response to the performance review, Jagos filed a complaint against Plaintiff in January 2014. (Id. 21.) Despite lacking jurisdiction over the complaint, Jamieson arranged an investigation of the complaint, which cost the town over $23,000. (Id. ¶ 22.) The Complaint contends that Jamie-son did so to suppress criticism of the functioning of the library. (Id.) Throughout the course of the investigation conducted by an attorney from Rockland County, De-vora Lindeman, Plaintiff was interviewed for more than 7 hours on 2 occasions and supplied documents. (Id. ¶ 23.)

On July 31, 2014, Jamieson held a meeting in his office with Plaintiff and Mallon. (Id. ¶ 24.) Jamieson demanded that Plaintiff resign, claiming that Lindeman’s investigation found that Plaintiff was abusive and a liar. (Id.) Mallon also claimed she had read Lindeman’s report and agreed with Jamieson’s assessment of it. (Id.) Plaintiff refused to resign and requested a copy of the Lindeman report. (Id. ¶25.) Jamieson refused to give Plaintiff a copy or let her read it. (Id.)

On August 1, 2014, as president of the Library Board, Mallon advised' Plaintiff that an action would be proposed to remove Plaintiff as a trustee at the August 12 meeting. (Id. ¶ 28.) On August 5, 2014, Plaintiffs counsel demanded copies of the charges against Plaintiff but was not provided them. (Id. ¶ 28.) During the August 12 meeting of the Library Board, the board adjourned to executive session and did not allow Plaintiff or her counsel to attend. (Id. ¶ 30.) After the executive session adjourned, the Library Board voted to remove Plaintiff as a trustee, without providing any reason for its actions. (Id. ¶¶ 32-33.) Plaintiff and her counsel have continually sought access to the Lindeman report and been denied. (Id.

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Cite This Page — Counsel Stack

Bluebook (online)
168 F. Supp. 3d 597, 2016 U.S. Dist. LEXIS 26982, 2016 WL 839052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langton-v-town-of-chester-nysd-2016.