Beckwith v. Erie County Water Authority

• Decision Date: 08 February 2006
• Docket Number: No. 04-CV-21.,04-CV-21.
• Parties: Ford BECKWITH, Plaintiff, v. ERIE COUNTY WATER AUTHORITY, Helen Cullinan Szvoren, Edward J. Kasprzak, Robert A. Mendez, Defendants.
• Court: U.S. District Court — Western District of New York

413 F.Supp.2d 214

Ford BECKWITH, Plaintiff, v. ERIE COUNTY WATER AUTHORITY, Helen Cullinan Szvoren, Edward J. Kasprzak, Robert A. Mendez, Defendants.

No. 04-CV-21.

United States District Court, W.D. New York.

February 8, 2006.

COPYRIGHT MATERIAL OMITTED

James Ostrowski, Esq., Buffalo, NY, for Plaintiff.

Damon & Morey LLP (Hedwig M. Auletta, of Counsel), Buffalo, NY, for Defendants.

DECISION AND ORDER

ARCARA, Chief Judge.

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1), on January 23, 2004. On February 27, 2004, plaintiff filed a motion for summary judgment. On September 3, 2004, defendants filed a motion to dismiss the Amended Complaint, and on November 12, 2004, defendants filed a cross-motion for summary judgment.

On September 30, 2005, Magistrate Judge Foschio filed a Report and Recommendation, recommending that: (1) defendants' motion to dismiss plaintiff's claims brought under 42 U.S.C. § 1983 (second and third causes of action) should be granted; and (2) plaintiff's claim brought under Article 78 of the C.P.L.R. (first cause of action) should be remanded to state court. The Magistrate Judge also recommended that the motions for summary judgment relating to the Article 78 claim should be denied without prejudice.

On October 14, 2005, defendants filed objections to the Report and Recommendation, and plaintiff filed a response. Plaintiff did not file any objections to the Magistrate Judge's recommendation to dismiss his § 1983 claims.

The parties appeared for oral argument on the objections on January 11, 2006. However, at that time, the defendants presented the Court with additional cases that were not cited in their objections. Accordingly, the Court requested supplemental briefing and an opportunity to review those cases. Defendants filed a supplemental brief on January 17, 2006, and on January 25, 2006, the plaintiff filed a supplemental response. Further oral argument was deemed unnecessary.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and supplemental submissions of the parties, the Court adopts the proposed findings of the Report and Recommendation.

Defendants object to the Magistrate Judge's recommendation to dismiss plaintiffs Article 78 claim for lack of federal jurisdiction. Defendants argue that the Magistrate Judge erred in concluding that federal courts lack jurisdiction over Article 78 claims. Assuming arguendo that the Court does have jurisdiction over the plaintiffs Article 78 claim, the Court finds it appropriate to decline to supplemental jurisdiction over plaintiffs state law claim because all of his federal claims have been dismissed. See 28 U.S.C. § 1367(c)(stating that a district court may decline supplemental jurisdiction where the court has dismissed all of the claims over which it had original jurisdiction); see also Kelly v. City of Mount Vernon, 344 F.Supp.2d 395, 406 (S.D.N.Y.2004); Camacho v. Brandon, 56 F.Supp.2d 370, 380 (S.D.N.Y.1999).

Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendants' motion to dismiss plaintiffs second and third causes of action is granted, and " plaintiffs first cause of action brought under Article 78 is remanded to state court. The Clerk of Court is directed to take all steps necessary to close the case.

IT IS SO ORDERED.

AMENDED REPORT and RECOMMENDATION

FOSCHIO, United States Magistrate Judge.

JURISDICTION

This matter was referred to the undersigned by the Hon. Richard J. Arcara on January 23, 2004 for determination of all pretrial matters pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B). It is presently before the court on the Plaintiffs motion for summary judgment, filed February 27, 2004 (Doc. No. 5), Defendants' motion to dismiss the Amended Complaint, filed September 3, 2004 (Doc. No. 19), and Defendants' cross motion for partial summary judgment filed November 12, 2004 (Doc. No. 23).

BACKGROUND

On December 11, 2003, Plaintiff ("Beckwith"), formerly a civil service probationary employee of Defendant Erie County Water Authority ("the Authority"), commenced a special proceeding pursuant to Article 78 of the N.Y. Civil Practice Law & Rules ("the Article 78 proceeding") by a Verified Petition ("the Petition") against the Authority in New York Supreme Court, Erie County seeking Petitioner's reinstatement, reimbursement of lost wages and benefits, and costs, including attorneys fees.¹ Defendants' Notice of Removal, filed January 12, 2004 (Doc. No. 1) Exhibit A. Defendants removed the Petition to this court on January 12, 2004 (Doc No. 1). As relevant, the Petition alleged Beckwith was wrongfully terminated by the Authority from his employment with the Authority in bad faith and in unlawful retaliation for exercising his First Amendment right to free speech. Beckwith also asserted "a violation of a claimed constitutional right to privacy in his cell phone records that were requested by the Authority in connection with an investigation leading to his termination.

Based upon the removed Article 78 proceeding, on February 27, 2004, Beckwith filed, in this court, a motion for summary judgment seeking Beckwith's reinstatement. In support, Beckwith represented that as he well performed his job with the Authority as a meter service worker and had received "satisfactory" evaluations, his termination by Defendant was unlawful, arbitrary and capricious, and in bad faith. Affirmation of James Ostrowski, Esq. filed February 27, 2004 (Doc. No. 6) ("Ostrowski Affirmation"), ¶ ¶ 28; 35-36.

On May 6, 2004, Beckwith filed an amended complaint (Doc. No. 10) (the "Complaint"). In the Complaint, Beckwith pleaded three causes of action specifically reasserting the Article 78 proceeding against the Authority and adding two § 1983 claims against Defendants Robert Mendez, Edward Kasprzak, and Helen Cullinan-Szvoren, the Authority's Executive Director, Comptroller, and Human Resources Director, respectively, in their individual and official capacities. In Beckwith's First Cause of Action, the Article 78 proceeding, Beckwith again sought reinstatement and recovery of lost wages and benefits against the Authority only ("the First Cause of Action"). Complaint ¶ ¶ 44-45. In the Second Cause of Action, brought under § 1983, Beckwith alleged violations of his First and Fourteenth Amendment rights against all Defendants claiming that Beckwith was terminated from his position in retaliation for exercising his First Amendment rights to free speech ("the Second Cause of Action"). Complaint ¶ ¶ 46-52. Finally, in the Third Cause of Action, also brought under § 1983, Beckwith alleged violations of the First, Fourth and Fourteenth Amendments against all Defendants alleging they demanded Beckwith's private cellular telephone records under threat of termination ("the Third Cause of Action"). Complaint ¶ ¶ 53-59.

As noted, on September 3, 2004, Defendants moved, pursuant to Fed.R.Civ.P. 12(b)(6) ("Rule 16(b)(6)"), to dismiss Beckwith's Second and Third Causes of Action for failure to state a claim (Doc. No. 19). Specifically, Defendants maintain that the alleged speech, for which Beckwith asserts Defendants unconstitutionally punished him by termination, as the basis for Beckwith's Second Cause of Action, is not constitutionally protected, and that as there is no federal constitutional right to privacy in Beckwith's cellular telephone records, Defendants cannot be found to have violated Beckwith's alleged privacy rights in demanding such records from Beckwith. Following Defendants filing of the instant motion, Defendants later filed, on November 11, 2004, in response to Beckwith's earlier motion for partial summary judgment, seeking Beckwith's reinstatement, on the Article 78 proceeding, a cross motion for summary judgment seeking dismissal of the First Cause of Action, arguing that the Authority legitimately exercised its right under New York law to terminate Beckwith's probationary employment (Doc. No. 23) ("Defendants' Cross Motion"). In opposition to Defendants' cross motion for summary judgment Beckwith filed, on November 12, 2004, a memorandum of law (Doc. No. 27) ("Plaintiffs Memorandum"). On December 3, 2004, Defendants filed a reply memorandum of law in support of their motion to dismiss Beckwith's Second and Third Causes of Action (Doc. No. 28) ("Defendants' Reply Memorandum on Motion to Dismiss") and a reply in support of Defendants' cross motion for summary judgment directed to the First Cause of Action on December 23, 2004 (Doc. 31) ("Defendants' Reply Memorandum to Plaintiff's Summary Judgment Motion"). In opposition to Defendants' cross motion for summary judgment on December 6, 2004, Beckwith filed a counter statement of facts and an affirmation (Doc. Nos. 29, 20) ("Plaintiff's Counterstatement"). Oral argument was deemed unnecessary. Based on the following, Defendants' motion to dismiss Beckwith's Second and Third Causes of Action should be GRANTED; Beckwith's summary judgment motion and the Defendants' cross motion for summary judgment on Beckwith's First Cause of Action should be DISMISSED, without prejudice, and the First Cause of Action (and related motions) should be REMANDED to state court for lack of subject matter jurisdiction in this court.

FACTS²

In the Amended Complaint, Beckwith states that he was hired by the Authority as a meter service worker on May 6, 2003, subject to a 26-week probationary period which commenced May 12, 2003. Id. ¶¶ 9-10. Beckwith also alleges he performed his job satisfactorily and received performance evaluations from his supervisors confirming such fact. Id. ¶ 13; Ostrowski Affirmation ¶ ¶ 11-12; Affidavit of Russell J. Held, dated December 22, 2003, Plaintiff's Motion for Summary Judgment, Exhibit C, ¶...