Malcolm v. Rochester City Sch. Dist.

388 F. Supp. 3d 257
CourtDistrict Court, W.D. New York
DecidedJuly 11, 2019
Docket17-CV-6873-DGL
StatusPublished
Cited by7 cases

This text of 388 F. Supp. 3d 257 (Malcolm v. Rochester City Sch. Dist.) 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
Malcolm v. Rochester City Sch. Dist., 388 F. Supp. 3d 257 (W.D.N.Y. 2019).

Opinion

DAVID G. LARIMER, United States District Judge *261INTRODUCTION: MALCOLM II

Plaintiff Bernice C. Malcolm ("plaintiff"), proceeding pro se , brings this action against defendants Rochester City School District ("RCSD"), its superintendent, Barbara Deane-Williams ("Deane-Williams"), Chief of Specialized Services and Former Interim Director of Specialized Services, Sandra Simpson ("Simpson"), Executive Director of Specialized Services, Mary Pauly ("Pauly"), and Zone Director of Specialized Services, Theresa Root ("Root"). This action was commenced on virtually the same day as Malcolm I (17-CV-6878). The complaint is virtually identical to Malcolm's complaint in Malcolm I .

Plaintiff is a 61-year-old African-American woman who has been employed with the RCSD starting in April of 2015. Plaintiff was hired as a Central Office Coordinating Administrator of Special Education ("CASE"). Not long after she was hired, Plaintiff began to have difficulties with her supervisor, Root, and made complaints to her supervisors at the RCSD. Plaintiff alleges that Root, among other things, "sabotaged her career" by giving her a developing performance evaluation without notifying her.

In March 2017, the RCSD, faced with budgetary concerns, conducted an audit that led them to restructure the special education administrators. This included laying off twenty-two CASE positions. Plaintiff was one of the affected employees. Those employees were then placed on a preferred eligibility list for seven years, meaning they could be recalled and resume employment if a position was open. Plaintiff was recalled from the preferred eligibility list and rehired by the RCSD on November 20, 2017 in her same position, about a month before commencing this lawsuit.

As mentioned in Malcom I , plaintiff then filed five charges within the New York State Department of Human Rights ("NYSDHR"). In the first two charges against the RCSD, the NYSDHR determined there was probable cause, and the case is pending and is still unresolved. These two charges were dually filed in the EEOC. The third, fourth and fifth charges against plaintiff's union and RCSD were dismissed with the NYSDHR finding no probable cause, with the EEOC adopting the same findings as the NYSDHR for her federal claims. Upon receipt of her right to sue letter from the EEOC in her fourth charge, plaintiff then filed the present lawsuit, and two other actions in this district regarding similar claims.2 The second action, filed the day after the present lawsuit was filed, has been dismissed for various reasons, including a failure to exhaust administrative remedies and failure to state a claim.

In the present lawsuit, plaintiff alleges defendants discriminated against her with respect to her employment in violation of the Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. ; the Age Discrimination in Employment Act of 1967 ("ADEA"), 42 U.S.C. § 1988 ; New York Human Rights Law ("NYHRL"), N.Y. Exec. Law § 290 et seq. ; 42 U.S.C. § 1983 ; and the New York Constitution's *262Equal Protection clause, N.Y. Const. Art. I, § 11. Plaintiff also alleges a state law breach of contract claim against defendants.

In lieu of an answer, defendants moved to dismiss the complaint pursuant to Fed. R. Civ. Proc. 12(b)(1), 12(b)(2), 12(b)(4), 12(b)(5) and 12(b)(6). Plaintiff, in her complaint and in her reply papers, requested a stay in the proceedings, and as she did in Malcolm I , moved to amend her complaint.

For the reasons set forth below, defendant's motion to dismiss (Dkt. #6) is granted, and the Complaint is dismissed. Plaintiff's motion to amend the complaint (Dkt. #11) is denied, and plaintiff's request to stay proceedings (Dkt. #1) is denied.

DISCUSSION: MALCOLM II

Federal Rule of Civil Procedure 12(b)(6) provides that a complaint may be dismissed for failure to state a claim upon which relief can be granted. Fed. R. Civ. Proc. 12(b)(6). In deciding a motion to dismiss under Fed. R. Civ. Proc. 12(b)(6), the court's review is limited to the complaint, and those documents attached to the complaint or incorporated therein by reference. See Tellabs, Inc. v. Makor Issues & Rights, Ltd.. , 551 U.S. 308, 322-23, 127 S. Ct. 2499, 168 L. Ed.2d 179 (2007). A court must "accept the allegations contained in the complaint as true and draw all reasonable inferences in favor of the non-movant." Sheppard v. Beerman , 18 F.3d 147, 150 (2d Cir. 1994), citing Ad-Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch College , 835 F.2d 980, 982 (2d Cir. 1987). However, "bald assertions and conclusions of law will not suffice" to defeat a motion to dismiss. See Reddington v. Staten Island Univ. Hosp. , 511 F.3d 126, 126 (2d Cir. 2007). "A plaintiff's obligation ... requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 555, 127 S. Ct. 1955

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388 F. Supp. 3d 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malcolm-v-rochester-city-sch-dist-nywd-2019.