Nnebe v. Daus
| Citation | 665 F.Supp.2d 311 |
| Decision Date | 30 September 2009 |
| Docket Number | No. 06 Civ. 4991 (RJS).,06 Civ. 4991 (RJS). |
| Parties | Jonathan NNEBE, Alexander Karmansky, Eduardo Avenaut, Khairul Amin, and the New York Taxi Workers Alliance, individually and on behalf of all those similarly situated, Plaintiffs, v. Matthew DAUS, Charles Fraser, Joseph Eckstein, Elizabeth Bonina, the New York City Taxi and Limousine Commission, and the City of New York, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Daniel L. Ackman, Esq., New York, NY, for Plaintiffs Jonathan Nnebe, Alexander Karmansky, Eduardo Avenaut, Khairul Amin, and the New York Taxi Workers Alliance.
Mary M. O'Sullivan, New York City Law Department, Office of the Corporation Counsel, New York, NY, for Defendants Matthew Daus, Charles Fraser, Joseph Eckstein, Elizabeth Bonina, the New York City Taxi and Limousine Commission, and the City of New York.
Plaintiffs Jonathan Nnebe, Alexander Karmansky, Eduardo Avenaut, Khairul Amin, and the New York Taxi Workers Alliance ("NYTWA") bring this putative class action against Defendants Matthew Daus, Charles Fraser, Joseph Eckstein, Elizabeth Bonina, the New York City Taxi and Limousine Commission ("TLC"), and the City of New York, alleging violations of the United States Constitution, New York state law, and New York City municipal law.
Before the Court are the parties' cross-motions for summary judgment and Plaintiffs' motion for class certification. For the reasons set forth below, the Court grants Defendants' motion for summary judgment as to Plaintiffs' federal claims, denies Plaintiffs' motion for summary judgment as to Plaintiffs' federal claims, declines to exercise supplemental jurisdiction over Plaintiffs' state law claims, and denies Plaintiffs' motion for class certification as moot.
This case arises from the TLC's policy of suspending a taxi driver upon notification of the driver's arrest, without providing either a pre-deprivation hearing or a post-deprivation hearing that does more than confirm the fact of the driver's arrest.
Defendant TLC is a commission, established pursuant to the New York City Charter (the "Charter"), that regulates taxicabs and other for-hire vehicles in the City of New York. (Defs.' 56.1 ¶ 1.)
Defendant Daus is the Chairman of the TLC. (Decl. of Matthew Daus in Supp. of Defs.' Mot. ("Daus Decl.") ¶ 1.) Defendant Fraser is a deputy commissioner and general counsel of the TLC. (Decl. of Charles Fraser in Supp. of Defs.' Mot. ("Fraser Decl.") ¶ 1.) Defendant Eckstein is the deputy commissioner of the TLC tasked with oversight of the TLC's Adjudications Department. (Decl. of Joseph Eckstein in Supp. of Defs.' Mot. ("Eckstein Decl.") ¶ 1.) Defendant Bonina is the Chief Administrative Law Judge for the TLC. (Decl. of Elizabeth Bonina in Opp'n to Pls.' Mot. ("Bonina Opp'n Decl.") ¶ 1.)
Plaintiffs Nnebe, Karmansky, Avenaut, and Amin are taxi drivers whose licenses were suspended pursuant to the challenged procedures. (Defs.' Opp'n 56.1 ¶ 3.) Their suspensions are discussed more fully below in section I.A.5, infra.
Plaintiff NYTWA is a not-for-profit corporation that seeks to improve the working conditions of taxi drivers, safeguard their rights, and promote reform of the industry.
The TLC is charged by the New York City Charter with establishing an overall policy for the taxicab and for-hire vehicle industry, including the adoption of criteria and standards for customer service, driver safety, and equipment safety and design. Charter Ch. 65, § 2300. To ensure that these criteria and standards are followed, the Charter grants the TLC the authority to regulate and supervise the taxicab and for-hire vehicle industry, including the power to issue, revoke, and suspend the drivers' licenses. Id. § 2303(b)(5). Pursuant to this authority, the TLC is empowered by the Charter and the New York City Administrative Code (the "Administrative Code") to promulgate certain rules and regulations to effectuate its prescribed purposes. Charter § 2303(b)(11); Administrative Code § 19-503.
The Administrative Code provides that the TLC may
for good cause shown relating to a direct and substantial threat to the public health or safety and prior to giving notice and an opportunity for a hearing, suspend a taxicab or for-hire vehicle license issued pursuant to this chapter and, after notice and an opportunity for a hearing, suspend or revoke such license.
Administrative Code § 19-512.1(a).
TLC Rule 8-16 implements the summary suspension procedures at issue in this case. See 35 Rules of the City of N.Y. 8-16(a). The version of TLC Rule 8-16 in effect until December 2006, pursuant to which the individual Plaintiffs were suspended, provided that "[i]f the Chairperson finds that emergency action is required to insure public health or safety, he/she may order the summary suspension of a license or licensee, pending revocation proceedings."2
If a license is summarily suspended pursuant to this procedure, the TLC is required to provide notice of the suspension within five calendar days; the licensee may request a hearing before the TLC or a competent administrative tribunal within ten days of receipt of the notice of suspension. Administrative Code § 19-512.1(a); TLC Rule 8-16(c). The TLC generally must afford the licensee a hearing within ten calendar days of receiving the licensee's request. Administrative Code § 19-512.1(a); TLC Rule 8-16(c).
After the hearing, the tribunal must issue a written recommendation that the Chairperson may accept, modify, or reject; the Chairperson's decision represents "the final determination of the Commission with respect to the summary suspension." TLC Rule 8-16(e). Should the Chairperson fail to issue a final decision within sixty days of the conclusion of the suspension hearing, the suspension is stayed until a decision is made. TLC Rule 8-16(f).
All taxicab-license applicants are fingerprinted as part of the license-application process. Administrative Code § 19-505(b)(4). These fingerprints are kept on file with the New York State Division of Criminal Justice Services ("DCJS"). (Defs.' 56.1 ¶ 13.) The fingerprints allow the DCJS both to provide the TLC with an applicant's criminal history, if any, and to notify the TLC if a licensee is arrested. (Id.)
If a licensee is arrested, the DCJS arrest notification contains, in addition to the licensee's identifying information, the date and location of the arrest, the arrest charges, and the penal code section pursuant to which the licensee was arrested. It does not, however, contain any of the alleged factual bases for the arrest.
The TLC maintains a list of offenses for which it will summarily suspend a driver upon arrest. Offenses qualify for inclusion on the list if, presuming the charges are true, "continued licensure during the pendency of the criminal charges would pose a risk to public health or safety." (Defs.' 56.1 ¶ 14.)
Upon receipt of an arrest notification from DCJS, and prior to any hearing, a TLC attorney decides whether to suspend the driver, and, if the driver is suspended, notifies the driver. (Pls.' 56.1 ¶¶ 2, 4-5; Defs.' Opp'n 56.1 ¶¶ 1, 5.) Neither the factual allegations underlying the arrest, nor the licensee's driving record, nor the licensee's prior criminal record affect the decision to suspend. .) Generally, neither the TLC Chairperson nor the full Commission is consulted before a suspension is instituted. (Hardekopf Dep. Tr. at 13:24-14:5; Fraser Dep. Tr. at 108:6-23.)
At the post-suspension hearing, a TLC attorney provides the Administrative Law Judge ("ALJ") with a copy of the DCJS form, as well as a copy of the relevant penal code section describing the elements of the offense in question. (Hardekopf Dep. Tr. at 51:10-18.) The TLC attorney generally presents no other material. (Id.) A licensee may testify and present evidence that he was not actually arrested or that the offense listed in the DCJS notice is incorrect. (Eckstein Decl. ¶ 6; Daus Decl. ¶ 9.) A licensee may also argue that the charges, even if true, "do not demonstrate that the licensee's continued licensure would pose a threat to public health or safety." (Eckstein Decl. ¶ 6.)
In considering whether the suspension should be lifted, the ALJ does not assess the likelihood of a licensee's actual guilt or the driver's criminal, personal, or professional history. (Ackman Decl. Ex. G (Dep. Tr. of Thomas Coyne ("Coyne Dep. Tr.")) at 53:4-54:24.) Rather, the standard applied by the ALJ at the suspension hearing is whether, if the charges against the licensee are true, the licensee poses a risk to the public health or safety. (Ackman Decl. Ex. D (Dep. Tr. of Elizabeth Bonina ("Bonina Dep. Tr.")) at 62:14-21; Coyne Dep. Tr. at 34:2-9; Eckstein Decl. ¶ 5.)
The vast majority of the ALJs' recommendations following a hearing recommend continuing the licensee's suspension during the pendency of the criminal proceedings. It is undisputed that the TLC Chairperson typically accepts the recommendation that the suspension be continued.
Nnebe was suspended on May 29, 2006, after he was arrested for and charged with Assault with Intent to Cause Physical Injury, 3rd Degree, a...
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