Newman v. BD. OF ED. OF CITY SCH. DIST. OF NY
Decision Date | 15 December 1977 |
Docket Number | No. 73 C 473.,73 C 473. |
Citation | 443 F. Supp. 994 |
Parties | Francine NEWMAN, Plaintiff, v. The BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF NEW YORK, Defendant. |
Court | U.S. District Court — Eastern District of New York |
Joan E. Goldberg, New York City, for plaintiff.
Norman Redlich, Corp. Counsel, New York City by H. Kenneth Wolfe, Asst. Corp. Counsel, New York City, for defendant.
DECISION AND ORDER
The plaintiff is a tenured, licensed teacher in the New York City School System who on July 31, 1970 was found medically unfit for teaching duty by the defendant and placed on an involuntary unpaid leave of absence from and after September 11, 1970.
On April 5, 1973, plaintiff brought this action "for a declaratory judgment and appropriate equitable relief" under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 and the Fourteenth Amendment and 28 U.S.C. § 1331.
The plaintiff claims the defendant has violated her rights to procedural due process by not providing her with an adversary proceeding before finding her unfit to teach and seeks annulment of that finding, reinstatement, restoration of her accumulated sick leave and back pay.
On February 15, 1974, Judge Travia of this Court granted summary judgment for the defendant on the ground that an earlier State Court determination was res judicata.
The Court of Appeals reversed and remanded, Newman v. Board of Education of the City School District of New York, 508 F.2d 277 (2d Cir.), cert. denied, 420 U.S. 1004, 95 S.Ct. 1447, 43 L.Ed.2d 762 (1975), ordering "further proceedings in light of this opinion" and relying on its prior opinion in Lombard v. Board of Education, 502 F.2d 631 (2d Cir.), cert. denied, 420 U.S. 976, 95 S.Ct. 1400, 43 L.Ed.2d 656 (1975). The remand was for consideration of plaintiff's due process claim.
On remand the defendant renewed its motion for summary judgment on the ground that the Board of Education was not a "person" under 42 U.S.C. § 1983 and that a suit under 28 U.S.C. § 1331 was not permitted here. The plaintiff cross moved for summary judgment. In an opinion dated February 19, 1976, the late Judge Judd denied the defendant's motion on the ground that since both issues were before the Court of Appeals in a number of cases and pending decisions in that Court, the plaintiff's complaint should not be dismissed. Judge Judd reserved decision on the plaintiff's cross motion pending further submission of papers.
On March 8, 1976, the Court of Appeals issued its opinion in Monell v. Department of Social Services of the City of New York, 532 F.2d 259 (2d Cir. 1976), cert. granted 429 U.S. 1071, 97 S.Ct. 807, 50 L.Ed.2d 789 (1977).
Thereafter the defendant renewed its motion for summary judgment and both parties have submitted further papers on the plaintiff's cross-motion for summary judgment.
The facts which are not in dispute are as follows:
Dr. Wright discussed the contents of the principal's letter and report with the plaintiff and stated that the plaintiff's response was:
Dr. Wright did not make any notation nor does she have any independent recollection of how long the examination took.
At the conclusion of the examination, Dr. Wright referred the plaintiff to a second doctor for examination. Dr. Wright's reason for this referral was:
"The reason I did so is because it is customary in cases when there have been reports sent in by the principal's office to have the teacher seen by a second doctor when we feel that she should be referred for a panel psychiatric examination."
Dr. Wright noted on her report:
On February 13, 1970 the plaintiff was examined by Dr. Wallfield at the Medical Division of the Board of Education.
Dr. Wallfield has not yet been deposed by the plaintiff but it has been established that he is a medical doctor, not a psychiatrist.
Dr. Wallfield and Dr. Wright both recommended that the plaintiff be seen by a psychiatrist who was a member of the Board of Education's panel of consultants for psychiatric evaluation.
The plaintiff was then directed by the Medical Division of the Board of Education to an examination by Dr. Morris Isenberg, a psychiatrist, on February 25, 1970, and Dr. Samuel Prensky, a psychologist, on April 13, 1970.
By report dated March 2, 1970,2 Dr. Isenberg's conclusion was as follows:
Hypomania...
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...at 2079, quoting Wisconsin v. Constantineau, 400 U.S. 433, 437, 91 S.Ct. 507, 27 L.Ed.2d 515 (1971); see, e. g., Newman v. Board of Educ., 443 F.Supp. 994, 1010 (E.D.N.Y. 1977); Lombard v. Board of Educ., 440 F.Supp. 577, 582 (E.D.N.Y.1977). This requirement prevents "stretching the concept......
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...panel's essential holdings on the merits (Laurido, supra, p. 1177, for a contrary position see, Newman v. Board of Education of City School District of New York, 443 F.Supp. 994, 1008, n. 9). Judge Haight also noted that the time for judicial deference had passed inasmuch as in the five yea......