Mancuso v. Vill. of Pelham
| Decision Date | 29 September 2016 |
| Docket Number | Case No. 15-CV-7895 (KMK) |
| Parties | FRANK MANCUSO, Plaintiff, v. THE VILLAGE OF PELHAM; MAYOR TIMOTHY CASSIDY; FIRE CHIEF WILLIAM T. STONE, JR.; VILLAGE ADMINISTRATOR ROBERT A. YAMUDER; LT. ROBERT R. BENKWITT, III; LT. JAMES A. DINAPOLI; LT. VINCENT J. D'ONOFRIO; LT. CHRIS M. MCCANN; and LT. PETER J. REYNOLDS, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Appearances:
Michael A. Deem, Esq.
Michael H. Sussman, Esq.
Sussman & Watkins
Ossining, NY
Rondiene E. Novitz, Esq.
Cruser, Mitchell & Novitz LLP
Farmingdale, NY
Frank Mancuso ("Plaintiff") brings this Action against Mayor Timothy Cassidy ("Cassidy"), Fire Chief William T. Stone, Jr. ("Stone"), Village Administrator Robert A. Yamuder ("Yamuder"), Lt. Robert R. Benkwitt, III ("Benkwitt"), Lt. James A. DiNapoli ("DiNapoli"), Lt. Vincent J. D'Onofrio ("D'Onofrio"), Lt. Chris M. McCann ("McCann"), Lt. Peter J. Reynolds ("Reynolds"), and the Village of Pelham (the "Village," and collectively, "Defendants"), alleging civil rights and personal injury claims arising from his termination as a probationary firefighter employed by the Village of Pelham Fire Department (the "Fire Department"). (Dkt. No. 11.) Before the Court is Defendants' Motion To Dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "Motion"). (Dkt. No. 13.) For the following reasons, the Motion is granted in its entirety.
The following facts are drawn from Plaintiff's Amended Complaint and are taken as true for the purpose of resolving the instant Motion.
At all times relevant to this Action, Plaintiff was a resident of the Village and employed by the Village as a probationary firefighter. (Am. Compl. ¶ 3 (Dkt. No. 11).) The Village is a political subdivision of the State of New York. (Id. ¶ 4.) During the events giving rise to the Amended Complaint, Cassidy was the duly elected mayor of the Village, (id. ¶ 5), Yamuder was the Village Administrator, (id. ¶ 6), and Stone was the Fire Chief of the Fire Department, (id. ¶ 7). Yamuder was contractually responsible for the direct control and command of the Fire Department's paid staff, (id. ¶ 6), and Stone was statutorily and contractually responsible for supervising its day-to-day operations and paid staff, (id. ¶ 7). At all relevant times, Benkwitt, DiNapoli, D'Onofrio, McCann, and Reynolds (collectively, the "Lieutenants") were employed by the Village as supervisory firefighters responsible for the supervision and training of firefighters and probationary firefighters. (Id. ¶ 8.) McCann also was employed as the training officer for the Fire Department, and D'Onofrio served as president of Local 2213 of theInternational Association of Fire Fighters (the "Union"), the collective bargaining unit for all paid firefighters at the Fire Department. (Id. ¶ 9.)
The National Fire Protection Association sets staffing requirements for the minimum number of firefighters to be staffed on each engine truck and ladder truck. (Id. ¶¶ 17-18.) At all relevant times, the Fire Department "had a custom and practice" of staffing the firehouse below that required level. (Id. ¶ 20.) "[T]his under-staffing . . . created an ongoing dangerous condition" that "increas[ed] the likelihood of accidents with vehicles, injuries to firefighters[,] and injury to the public at large." (Id. ¶ 21.)
At all times relevant to this Action, the Westchester County Civil Service Rules limited Plaintiff's probationary term to a maximum of 52 weeks, required the Village to give Plaintiff at least one-week written notice prior to terminating his probationary status, and mandated that Plaintiff's appointment would become permanent if the Village retained him beyond his 52-week probationary term. (Id. ¶¶ 22-24.)
Pursuant to New York State Village Law, Stone and the Lieutenants constituted the fire council for the Fire Department, and Stone's authority to terminate Plaintiff was subject to approval by two-thirds of the members of the fire council at its next meeting. (Id. ¶¶ 29-30.) Throughout 2014, "the fire council was defunct and never met." (Id. ¶ 30.) The Village of Pelham Board of Trustees (the "Board") "never enacted a local law authorizing itself to act in lieu of the fire council" and thus had authority only to review its decisions. (Id. ¶¶ 32-33.) Nevertheless, "by custom and practice, the Board . . . oversaw the affairs of the [F]ire [D]epartment." (Id. ¶ 34.)
The Board approved the appointment and hiring of firefighter candidate Michael Mullen ("Mullen") on August 6, 2013. (Id. ¶ 39.) As of August 9, 2013, Mullen had successfully completed all conditions of employment, except for passing the Fire Academy and his 52-week probationary period. (Id. ¶ 43.) Stone appointed Mullen as a probationary firefighter effective that day. (Id. ¶ 44.) Yamuder informed the Westchester County Department of Human Resources, which is responsible for civil service administration for the Fire Department, that Mullen's date of appointment was August 9, 2013. (Id. ¶ 45.) He also informed the New York State and Local Police and Fire Retirement System that Mullen's date of membership was August 9, 2013. (Id. ¶ 46.)
As of September 13, 2013, Plaintiff had completed all conditions of employment, except for passing the Fire Academy and his 52-week probationary period. (Id. ¶ 49.) Stone appointed Plaintiff as a probationary firefighter effective September 13, 2013, (id. ¶ 50), but informed the Westchester County Department of Human Resources that Plaintiff's start date was September 17, 2013, (id. ¶ 51), and informed the New York State and Local Police and Fire Retirement System that Plaintiff's date of membership was September 23, 2013, (id. ¶ 53). The Board ratified Plaintiff's appointment as a probationary firefighter on September 17, 2013, subject to the same conditions and terms as Mullen, and assigned Plaintiff to attend the Fire Academy starting on September 23, 2013, the same day as Mullen. (Id. ¶¶ 55-56.)1
Mullen and Plaintiff attended the Fire Academy from September 23, 2013 through January 17, 2014. (Id. ¶ 57.) During that time, Stone "contacted [P]laintiff's instructors at the Fire Academy and actively sought information regarding [P]laintiff's performance or conduct to justify his termination." (Id.) He made no similar inquiries concerning Mullen. (Id. ¶ 58.) On January 16, 2014, an instructor at the Fire Academy told Plaintiff to "'watch [his] back' because . . . Stone, McCann, D'Onofrio, DiNapoli, Benkwitt, and/or Reynolds were looking for a reason to terminate him." (Id. ¶ 61.)
Plaintiff successfully completed the Fire Academy's academic, physical, and medical requirements, and he earned a minimum rating of "satisfactory" in each category on his final evaluation. (Id. ¶¶ 57, 60.) Upon graduating from the Fire Academy on January 17, 2014, Plaintiff and Mullen were certified as firefighters by the New York State Office of Fire Prevention and Control as well as by the National Board on Fire Service Professional Qualifications. (Id. ¶¶ 62-63.)
Following graduation, Plaintiff began two weeks of in-house training provided by McCann, D'Onofrio, DiNapoli, and Benkwitt. (Id. ¶¶ 66-67.) Yamuder informed the Board that "[P]laintiff and Mullen would be 'fully operational'" after those two weeks. (Id. ¶ 72.) On January 27, 2014, another firefighter told Plaintiff, (Id. ¶ 75 (internal quotation marks omitted).)
Plaintiff was enrolled in an Emergency Medical Technician ("EMT") course through the Fire Department from January 2014 to May 2014. (Id. ¶ 82.) Pursuant to the collectivebargaining agreement between the Village and the Union (the "CBA"), a firefighter can receive straight time pay for time spent in the EMT course, with the permission of the Village Administrator and Fire Chief. (Id. ¶ 83; see also Defs.' Mem. of Law in Supp. of Mot. ( ) Ex. D, art. VIII, § 3 (Dkt. No. 14).)2 "On information and belief," Mullen received this pay, (Am. Compl. ¶ 85), while "Stone and Yamuder denied [P]laintiff's request without explanation," (id. ¶ 84). Plaintiff failed his EMT test in or about June 2014. (Id. ¶ 92.) Under the CBA, firefighters are entitled to additional pay for EMT certification but are not required to attain EMT certification as a condition of employment. (Id. ¶ 93.)
Between January 17, 2014 and July 1, 2014, "not a single derogatory remark was entered in [P]laintiff's personnel or training records." (Id. ¶ 81.) On July 1, 2014, while responding to a call for assistance, Plaintiff rubbed the side of the ladder truck against a telephone pole, (id. ¶ 94), causing "slight damage" to the apparatus, (id. ¶ 95). Plaintiff claims this incident resulted from the Fire Department's under-staffing, as otherwise Plaintiff would have had someone to act as a ground spotter. (Id. ¶ 98.)3 The incident was Plaintiff's first with any Fire Department apparatus, (id. ¶ 97), and the apparatus was not taken out of service as a result, (id. ¶ 96). Yet, the next day, McCann wrote an evaluation that "affirmatively misrepresented" the accident as "the fourth time [Plaintiff] 'crashed the [l]adder' truck" and exaggerated the damage caused. (Id. ¶ 100.) The memo further described Plaintiff's lack of initiative, motivation, and ability tofollow directions, (id. ¶ 101), concluding with the recommendation "that he be terminated prior to the end of his probation," (id. ¶ 103 (internal quotation marks omitted)).
D'Onofrio wrote an evaluation that same day, (id. ¶ 104), "also affirmatively misrepresent[ing]" Plaintiff's lack of initiative and motivation, (id. ¶ 105), and concluding that Plaintiff could pose a safety risk, (id. ¶ 106).4 Stone subsequently wrote to Yamuder to recommend a full evaluation of Plaintiff to ensure that he was fit for the...
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