McDowell v. North Shore-Long Island Jewish Health System, Inc.

839 F. Supp. 2d 562, 2012 WL 850607, 2012 U.S. Dist. LEXIS 34499
CourtDistrict Court, E.D. New York
DecidedMarch 13, 2012
DocketNo. 10-CV-3534 (ADS)(GRB)
StatusPublished
Cited by9 cases

This text of 839 F. Supp. 2d 562 (McDowell v. North Shore-Long Island Jewish Health System, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDowell v. North Shore-Long Island Jewish Health System, Inc., 839 F. Supp. 2d 562, 2012 WL 850607, 2012 U.S. Dist. LEXIS 34499 (E.D.N.Y. 2012).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The Plaintiff in this case, Patrick McDowell, brings this action against his former employer, North Shore — Long Island Jewish Health System, Inc. a/k/a North Shore — Long Island Jewish Health System (the “Defendant” or “North Shore”) alleging claims of racial discrimination and retaliation in violation of 42 U.S.C. § 1981 and New York State Human Rights Law (“NYSHRL”). This Court previously dismissed the Plaintiffs claims pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 12(b)(6) for failure to state a claim upon which relief can be granted, but did so without prejudice to the Plaintiffs right to serve an amended complaint within twenty days of the dismissal. McDowell v. North Shore-Long Island Jewish Health System, Inc. (“McDowell I ”), 788 F.Supp.2d 78 (E.D.N.Y.2011). The Plaintiff has filed a second amended complaint and the Defendant again has filed a motion to dismiss the Plaintiffs claims pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons set forth below, this Court denies the Defendant’s motion in its entirety.

I. BACKGROUND

Unless otherwise stated, the following facts are drawn from the Plaintiffs second amended complaint and the documents that were incorporated by reference in the complaint. Beginning in September of 2007, the Plaintiff, a black man, was employed by the Defendant as a biomedical technician and he was responsible for the maintenance, inspection, and repair of medical equipment. Over the course of this employment, the Plaintiff claims to have performed his duties satisfactorily and followed North Shore’s [564]*564standards for the inspection and maintenance of medical equipment. In addition, he contends that he refrained from any misconduct like absenteeism, theft, or insubordination. According to the Plaintiff, his job performance was on par with the biomedical technicians with whom he worked. In particular, the Plaintiff asserts that his work was “at least as good as” the work performed by three white co-workers who performed the same duties and reported to the same manager as the Plaintiff. (Pl.’s Second Am. Compl. ¶¶ 15, 19).

In or about August of 2008, the Plaintiff was involved in an incident with a coworker referred to as “DG,” who was a white biomedical technician also employed by the Defendant. In the bio-medical (“bio-med”) shop of Glen Cove Hospital, the Plaintiff was listening to the radio as he worked and, according to the Plaintiff, DG took exception. DG entered the bio-med shop and, using expletives, told the Plaintiff to shut off the radio. The Plaintiff refused. After yelling at the Plaintiff to turn the radio off for a second time to no avail, DG confronted the Plaintiff and stated “I’ll fuck you up nigger.” (Pl.’s Second Am. Compl. ¶ 10.) The confrontation escalated no further and shortly thereafter, the Plaintiff complained to the Defendant’s Human Resources Manager, Deborah Solivan (“Solivan”), about this incident. Solivan informed the Plaintiff that the matter was going to be investigated. When the Plaintiff did not hear from Solivan for several weeks, he contacted her again and was told that the matter was still under investigation. Neither Solivan nor any other representative of North Shore contacted the Plaintiff about the results of the investigation.

According to the Plaintiff, the Defendant abruptly discharged him from his duties in December of 2008, citing both a dearth of available assignments and a conflict with the Plaintiffs school schedule, which interfered with his work, as the reasons for the discharge. The Plaintiff alleges that despite the Defendant’s claim that no work assignments were available, at least one non-black biomedical technician was hired by the Defendant after the Plaintiffs discharge. Further, the Plaintiff alleges that he attended school from the beginning of his employment, which the Defendant was aware of and made no complaints. Based on these facts, the Plaintiff asserts that “the reasonable inference from the timing, circumstances, and justification offered by the [Defendant] is that Plaintiff was discharged because of his race or in retaliation for his complaint or both and that the [Defendant’s] discrimination and/or retaliation were intentional.” (PL’s Second Am. Compl. ¶ 20).

On August 2, 2010, the Plaintiff commenced this action, asserting causes of action for racial discrimination and retaliation in violation of the Civil Rights Act of 1866, as codified at 42 U.S.C. § 1981, and the New York State Human Rights Law. After the Plaintiff served his first amended complaint, the Defendant filed a motion on October 20, 2010 to dismiss the Plaintiffs amended complaint pursuant to Fed. R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. On June 1, 2011, this Court granted the Defendant’s motion to dismiss without prejudice to the Plaintiffs right to serve another amended complaint within twenty days of the date of the decision. On June 20, 2011, the Plaintiff filed a second amended complaint. On July 5, 2011, the Defendant moved this Court to dismiss the Plaintiffs second amended complaint, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted.

[565]*565II. DISCUSSION

A. Legal Standard

Under the now well-established Twombly standard, a complaint should be dismissed only if it does not contain enough allegations of fact to state a claim for relief that is “plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007). The Second Circuit has explained that, after Twombly, the Court’s inquiry under Rule 12(b)(6) is guided by two principles. Harris v. Mills, 572 F.3d 66 (2d Cir.2009) (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009)).

“First, although ‘a court must accept as true all of the allegations contained in a complaint,’ that ‘tenet’ ‘is inapplicable to legal conclusions,’ and ‘[tjhreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.’ ” Id. at 72 (quoting Iqbal, 129 S.Ct. at 1949). “ ‘Second, only a complaint that states a plausible claim for relief survives a motion to dismiss’ and ‘[determining whether a complaint states a plausible claim for relief will ... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.’ ” Id. (quoting Iqbal, 129 S.Ct. at 1950). Thus, “[w]hen there are well-pleaded factual allegations, a court should assume their veracity and ... determine whether they plausibly give rise to an entitlement of relief.” Iqbal, 129 S.Ct. at 1950.

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Bluebook (online)
839 F. Supp. 2d 562, 2012 WL 850607, 2012 U.S. Dist. LEXIS 34499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdowell-v-north-shore-long-island-jewish-health-system-inc-nyed-2012.