Martin v. New York Dept. of Correctional Services
| Decision Date | 26 September 2002 |
| Docket Number | No. 99-CV-1364 RFT.,99-CV-1364 RFT. |
| Parties | David W. MARTIN, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; Law Enforcement Officers Union Council 82, AFSCME AFL — CIO; Dominic Mantello; William J. Connolly; Carol Nuite; and Robert Vanderbeck, Defendants. |
| Court | U.S. District Court — Northern District of New York |
Deily, Dautel & Mooney, LLP, Albany, New York (Susan S. Dauetel, of counsel), for plaintiff.
Hon. Eliot Spitzer, Attorney General for the State of New York, Litigation Bureau, The Capitol, Albany, New York (Risa L. Viglucci, Assistant Attorney General, Gerald J. Rock, Assistant Attorney General, of counsel), for DOCS, Mantello, Connolly, Nuite and Vanderbeck.
Hite & Savitt, P.C., Albany, New York (Robert S. Hite, of counsel), for Council 82.
Plaintiff David W. Martin ("Martin") brought this civil action for damages against the New York State Department of Correctional Services ("DOCS"), Dominic Mantello, William J. Connolly, Carol Nuite and Robert Vanderbeck ("State Defendants") as well as Law Enforcement Officers Union Council 82, AFSCME AFL — CIO ("Council 82") for sexual discrimination and retaliation, conspiracy to discriminate, violation of equal protection and breach of duty of fair representation pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., the New York State Human Rights Law ("HRL"), N.Y.Exec.Law § 296 and 42 U.S.C. §§ 1983 and 1985(3). See Am.Compl. (Docket No. 15). The parties have consented to have the assigned U.S. Magistrate Judge conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. § 636(c) and N.D.N.Y.L.R. 72.2. Docket No. 31.
By memorandum decision and order dated June 30, 2000, U.S. Magistrate Judge Ralph W. Smith, Jr., granted Council 82's motion for summary judgment as to Martin's claims for sexual discrimination, conspiracy to discriminate and for breach of duty of fair representation with respect to grievances C97-0582, C97-0882 and the Notice of Discipline. Docket No. 33. Therefore, the remaining claims are: (1) sexual discrimination against the State Defendants; (2) retaliation against both the State Defendants and Council 82; (3) violation of equal protection against the State Defendants; and (4) breach of the duty of fair representation with respect to grievances C97-0583, C97-0797, C98-1038 and C99-0302 against Council 82.
Presently pending are the State Defendants and Council 82's motions for summary judgment pursuant to Fed.R.Civ.P. 56(b). Docket Nos. 59 & 72, respectively. Martin opposes both motions. Docket Nos. 69 & 83. Oral argument was heard on September 10, 2002, at the James T. Foley U.S. Courthouse, Room 319, in Albany, New York. Decision was reserved. For the reasons that follow, the State Defendants' motion is granted and Council 82's motion is granted.
Pursuant to Fed.R.Civ.P. 56(c), summary judgment is appropriate only where "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." The moving party bears the burden to demonstrate through "pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any," that there is no genuine issue of material fact. F.D.I.C. v. Giammettei, 34 F.3d 51, 54 (2d Cir.1994) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). To defeat a motion for summary judgment, the non-movant must "set forth specific facts showing that there is a genuine issue for trial," and cannot rest on "mere allegations or denials" of the facts submitted by the movant. Fed.R.Civ.P. 56(e); see also Rexnord Holdings, Inc. v. Bidermann, 21 F.3d 522, 525-26 (2d Cir.1994). When considering a motion for summary judgment, the court must resolve all ambiguities and draw all reasonable inferences in favor of the nonmovant. Nora Beverages, Inc. v. Perrier Group of Am., Inc., 164 F.3d 736, 742 (2d Cir.1998).
Martin has been employed by DOCS at Coxsackie Correctional Facility ("Coxsackie") since 1992. See Am.Compl., ¶ 12. Beginning approximately six months after the commencement of his employment at Coxsackie, Martin, a homosexual male, was routinely harassed by his co-workers. Martin Aff. (Docket No. 68), ¶ 15. Given the span of years Martin alleges the conduct took place, specific events are discussed in greater detail as they relate to the causes of action. Generally, however, Martin's co-workers constantly directed offensive and degrading sexual comments toward him, such as "pervert," "fucking faggot," "cock-sucker," "fudge-packer," and "you gay bastard." Id. at ¶ 6. The conduct by co-workers was not limited to offensive comments. Martin's co-workers also left sexually explicit pictures in his work area and written statements and pictures on the restroom walls, yard booths, his time card and his interoffice mail. On one occasion, a co-worker bared his chest, grabbed his nipple and asked Martin, "Hey Martin, like what you see?" Id. Martin further alleges that despite his complaints to his supervisors and union, the conduct got worse and he was retaliated against for filing complaints.
As an initial matter, the State Defendants contend that several claims are barred under Eleventh Amendment immunity and/or N.Y.Correct.Law § 24. Specifically, DOCS contends that the claims brought against it under section 1983 and the HRL are barred by the Eleventh Amendment. Similarly, the individual State Defendants contend that Martin's claim brought pursuant to the HRL's aider and abettor clause, codified at N.Y.Exec. Law § 296(6), is barred by the Eleventh Amendment. Finally, the individual State Defendants contend that Martin's claims brought pursuant to the HRL are barred by N.Y.Correct.Law § 24.
The Eleventh Amendment bars suit in federal court by a citizen of a state against a state or its agencies, unless the state has waived immunity to suit, see Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100-01, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984), or Congress has abrogated that state's immunity. See Quern v. Jordan, 440 U.S. 332, 343-44, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979); see also Farricielli v. Holbrook, 215 F.3d 241, 244-45 (2d Cir.2000). It is well settled that the Eleventh Amendment bars claims against DOCS brought pursuant to section 1983. See Bryant v. New York State Dep't of Corr. Serv. Albany, 146 F.Supp.2d 422, 425-26 (S.D.N.Y.2001) (). Therefore, Martin's claims against DOCS brought pursuant to section 1983 are dismissed.1
Similarly, courts within this district have held that claims against the state or its agencies brought in federal court pursuant to the HRL are barred by the Eleventh Amendment. See Hayut v. State Univ. of N.Y., 127 F.Supp.2d 333, 340 (N.D.N.Y.2000); Phipps v. New York State Dep't of Labor, 53 F.Supp.2d 551, 558 (N.D.N.Y.1999). Accordingly, Martin's claims against DOCS brought pursuant to the HRL are dismissed.
The seventh cause of action in the amended complaint seeks damages against the individual State Defendants pursuant to the HRL, N.Y.Exec.Law §§ 296(1)(a) and (6). Am.Compl. (Docket No. 15), ¶ 58. To the extent this claim is brought pursuant to section 296(6), the individual State Defendants contend it is barred by the Eleventh Amendment.
Section 296(6) states that "[i]t shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so." Under New York law, "liability must first be established as to the employer/principal before accessorial liability can be found as to an alleged aider and abettor." DeWitt v. Lieberman, 48 F.Supp.2d 280, 293 (S.D.N.Y.1999) (citing Murphy v. ERA United Realty, 251 A.D.2d 469, 674 N.Y.S.2d 415, 417 (2d Dep't 1998)). The individual State Defendants contend that since the employer/principal is entitled to immunity, Martin cannot satisfy this requirement for his aider and abettor claim. In essence, the individual State Defendants are asking for the immunity afforded to DOCS to be extended to them.
In support of their contention, the individual State Defendants cite a line of cases where the court dismissed a plaintiff's aider and abettor claim against his or her co-workers where there was no evidence in the record that the employer was involved in the discrimination. See DeWitt, 48 F.Supp.2d at 293; Hicks v. International Bus. Mach., 44 F.Supp.2d 593, 600 (S.D.N.Y.1999). The courts, however, dismissed the claims on the merits, not on the grounds of immunity. Indeed, the individual State Defendants do not cite, and the Court's independent research did not find, one case where a HRL aider and abettor claim was dismissed against individual defendants on Eleventh Amendment immunity grounds. While Martin is barred from recovering from DOCS, he is not barred from establishing that DOCS, through its agents, aided, abetted, incited, compelled or coerced Martin's co-workers into harassing or retaliating against him. As creative as defense counsel's argument is, this Court will not extend the holdings in this line of cases to the facts here.
Accordingly, the State Defendants' motion for summary judgment on this ground is denied.
The individual State Defendants also contend that Martin's HRL claims are barred by N.Y.Correct.Law § 24.
"It is well settled that Section 24 shields...
To continue reading
Request your trial
-
Karam v. Cnty. of Rensselaer, 1:13-cv-01018 (MAD/DJS)
...similar to any other alleged discriminatory conduct as to constitute a continuing violation. See Martin v. N.Y. State Dept. of Corr. Servs., 224 F. Supp. 2d 434, 444 (N.D.N.Y. 2002) (noting that multiple physical acts of discrimination are not a continuing violation absent a "constant strea......
-
Lown v. Salvation Army, Inc.
...the requirement that they believed in good faith that they had suffered unlawful discrimination. See Martin v. N.Y. State Dept. of Corr. Servs., 224 F.Supp.2d 434, 448 (N.D.N.Y.2002). Here, plaintiffs may have reasonably believed that they had been subject to illegal discrimination on the b......
-
Kantha v. Blue
...inapposite and decline to grant summary judgment on plaintiffs state law claim against Blue. See Martin v. New York State Dep't of Correctional Services, 224 F.Supp.2d 434, 442 (N.D.N.Y.2002) (denying summary judgment on aiding and abetting claim against individuals even though claims again......
-
Yang Zhao v. Keuka Coll.
...more, is insufficient to prolong the life of a cause of action for employment discrimination."); Martin v. N.Y.S. Dep't of Corr. Servs. , 224 F.Supp.2d 434, 443–44 (N.D.N.Y. 2002) (multiple acts of discrimination are not a continuing violation absent a "constant stream" of similar, allegedl......