Walker v. Tormey

178 F. Supp. 3d 53, 2016 U.S. Dist. LEXIS 42918, 2016 WL 1298132
CourtDistrict Court, N.D. New York
DecidedMarch 31, 2016
Docket5:15-cv-0047 (LEK/DJS)
StatusPublished
Cited by2 cases

This text of 178 F. Supp. 3d 53 (Walker v. Tormey) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Tormey, 178 F. Supp. 3d 53, 2016 U.S. Dist. LEXIS 42918, 2016 WL 1298132 (N.D.N.Y. 2016).

Opinion

MEMORANDUM-DECISION and ORDER

Lawrence E, Kahn, United States District Judge

I. INTRODUCTION

On January 15, 2015, Plaintiff Nancy Rodriguez Walker (“Plaintiff’) commenced this action under 42 U.S.C. § 1983, asserting claims for deprivation of due process on account - of restrictions on her employment as a Spanish-language court interpreter. Dkt. No. 1 (“Complaint”). Presently before the Court are Motions to dismiss filed by Defendants Michael A. Klein (“Klein”), William J. Fitzpatrick (“Fitzpatrick”), and the Honorable James C. Tormey (“Judge Tormey”) (collectively, “Defendants”). Dkt. Nos. 29 (“Klein Motion”); 29-1 (“Klein Memorandum”); 30 (“Fitzpatrick Motion”); 30-2 (“Fitzpatrick Memorandum”); 33 (“Tormey Motion”); 33-2 (“Tormey Memorandum”). For the following reasons, Judge Tormey and Klein’s Motions to dismiss are granted, and Fitzpatrick’s Motion to dismiss is granted in part and denied in part.

II. BACKGROUND1

A. Employment History

Plaintiff is a Spanish-language court interpreter and for over twenty-one years has translated for the Fifth Judicial District of the State of New York Court System, the Office of the Onondaga County District Attorney (“OOCDA”), as well as [58]*58state and federal agencies. Compl. ¶¶ 5, 25. In order to interpret for the New York State Court System, individuals are required to be listed on the Per Diem Court Interpreter Registry (the “Registry”). Id. f 26. In order to be listed on the Registry, an individual must be certified by the Office of Court Administration (“OCA”). Id. ¶29. Certification requires fingerprinting, a criminal background check, and written and oral language proficiency exams. Id. Plaintiff received her court interpreter certification in 1993. Id. ¶30. Prior to the events alleged in the Complaint, Plaintiff translated four to five days per week in Fifth Judicial District courts. Id. ¶40. Plaintiff consistently received positive evaluations for her work as an interpreter. Id. ¶¶ 32, 36.

B. Indictment and Acquittal

On or around October 25, 2012, Plaintiff was summoned to OOCDA, where she translated a letter containing allegations of illegal activity by a local Spanish speaking attorney. Compl. ¶¶ 45-46. On November 2, 2012, Plaintiff was asked to return to OOCDA to assist in an investigation on the letter she translated. Id. ¶ 46. Plaintiff was then interrogated for approximately six hours regarding her relationship with the Spanish-speaking attorney, who Plaintiff had dealt with frequently in her work. Id. ¶50. The investigators’ line of questions concerned whether Plaintiff had divulged information to the attorney concerning his indictment. Id. ¶ 51.

The investigators left the room and Fitzpatrick, the District Attorney for Onondaga County, entered and proceeded to interrogate Plaintiff for approximately thirty minutes. Id. ¶¶ 12, 56-57. Fitzpatrick stated that Plaintiff had “endangered a person’s life.” Id. ¶ 58. He further stated that “if I walk out of this room everything in your life is done. You’re going to be a felon and I’m going to do the very best I can to see that you go to prison.” Id. ¶ 59.

At the conclusion of the interrogation, Plaintiff was arrested. Id. ¶ 61. The following day, November 3, 2012, Plaintiff was arraigned on charges of unlawful grand jury disclosure. Id. ¶ 62. As a result of Plaintiffs arrest and arraignment, Plaintiff was removed from the Registry in November 2012. Id. ¶ 64. Plaintiff also ceased to receive any assignments from federal and state agencies. Id. ¶ 65.

On February 2, 2013, Plaintiff was indicted by a grand jury on four counts of perjury in the first degree and two counts of unlawful grand jury disclosure. Id. ¶ 67. On August 19, 2013, Plaintiff was tried for the two felony counts of unlawful grand jury disclosure. Id. ¶ 69. On August 29, 2013, Plaintiff was acquitted and found not guilty of all charges of unlawful grand jury disclosure. Id. ¶ 70.

C. Events Following Acquittal

Plaintiff was not automatically reinstated to the Registry following her acquittal. Compl. ¶77. Instead, on September 19, 2013, Plaintiff was contacted by the New York State Inspector General’s Office to schedule an interview concerning her arrest. Id. ¶72. On April 3, 2014, Plaintiff was interviewed by telephone regarding her relationship with the indicted attorney and whether she had disclosed that relationship. Id. ¶ 76. In or around April or May 2014, the Inspector General’s Office contacted Plaintiffs counsel and advised him that the investigation was completed and that the results had been forwarded to OCA for review. Id. ¶ 78. Plaintiff was not provided with the results of the investigation. Id. ¶ 79. At all times throughout the investigation, Plaintiff sought reinstatement to the Registry. Id. ¶¶ 74, 77. Plaintiff believes the investigation was initiated at Judge Tormey and/or Fitzpatrick’s request. Id. ¶ 73.

[59]*59Upon completion of the investigation, Plaintiffs counsel contacted the OCA regarding her status. Id. ¶ 81. On June 24, 2014, Plaintiff received a letter from the OCA, which stated that “[ajfter a review of the findings made by the Office of the Inspector General, and in collaboration with the Fifth Judicial District Office, your name and contact information will again be listed in the Registry and accessible by the NYS courts within the Fifth Judicial District, effective immediately.” Id. ¶ 83. However, Plaintiff was subsequently informed that she was not listed on the Registry. Id. If 91. In mid-July, Plaintiffs counsel again contacted the OCA and obtained confirmation that Plaintiff was to be reinstated to the Registry without any restriction as to the category of cases to which she might be assigned. |d. ¶ 95.

Plaintiff believes that on or about July 1, 2014, Judge Tormey emailed Fifth District judges, judicial clerks, criminal court clerks, and court employees instructing them not to assign Plaintiff to their cases. Id. ¶ 93. Subsequently, Judge Tormey and Klein made an administrative decision that Plaintiff would not be assigned to criminal cases and proceedings in the Fifth Judicial District. Id. ¶ 97. In a July 2014 telephone conversation, Klein told Plaintiffs counsel that Judge Tormey and Klein had jointly made a decision to restrict Plaintiff from criminal assignments in the Fifth Judicial District. IcL ¶ 100. Plaintiff became further aware of the restriction on her assignments in an email from New York Supreme Court Judge John Brunetti, stating that “I would be happy to consider you for an appointment, pursuant to Court Rule 217.1(a), as a Spanish interpreter for criminal cases if you are on the OCA certified list without restrictions. However there is a possibility that you may encounter difficulty in receiving payment.” Id. ¶ 101.

On August 8, 2014, Plaintiff received a letter from Klein regarding the restriction on her assignments. Id. ¶ 103. The letter stated:

This letter, which this office deems confidential, confirms and finalizes the determination of the Hon. James C. Tor-mey, Administrative Judge of the Fifth Judicial District, pertaining to the status of Nancy Rodriguez Walker as a Spanish Language Per Diem Court Interpreter. Judge Tormey has determined that while Ms.

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178 F. Supp. 3d 53, 2016 U.S. Dist. LEXIS 42918, 2016 WL 1298132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-tormey-nynd-2016.