Philippeaux v. County of Nassau
| Citation | 921 F. Supp. 1000 |
| Decision Date | 10 April 1996 |
| Docket Number | No. 93-CV-1279 (JS).,93-CV-1279 (JS). |
| Parties | Eddy Jean PHILIPPEAUX, Plaintiff, v. The COUNTY OF NASSAU and The Nassau County Civil Service Commission, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
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Eddy Jean Philippeaux, Uniondale, NY, pro se.
Jack Olchin, Special Counsel, Nassau County Attorney's Office, Mineola, NY, Alan M. Parente, Nassau County Civil Service Commission, Mineola, NY, for defendants.
In the instant action, plaintiff Eddy Jean Philippeaux, proceeding pro se, brings suit against defendants Nassau County and the Nassau County Civil Service Commission asserting causes of action under 42 U.S.C. §§ 1981, 1983 and 1985, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and also under New York law. The plaintiff alleges, inter alia, that the defendants wrongfully rejected his applications for employment with the Nassau County Civil Service Commission because of his race and national origin. He further alleges that the defendants, as part of a conspiracy to deny him employment, falsified his test results and failed to credit him for the training he received in the military. With respect to these employment discrimination claims, the plaintiff alleges that the defendants have pretextually asserted that he lacked the requisite resident status to be eligible for a civil service position.
In addition to his employment discrimination claims, the plaintiff also alleges that the defendants violated his procedural due process rights under the Fourteenth Amendment by failing to afford him a hearing to establish his residency before disqualifying him on this basis. He also asserts pendent claims under sections 50(4) and 85 of the New York Civil Service Law.
Pending before the Court are three separate motions. First, the defendants move for summary judgment dismissing plaintiff's employment discrimination claims. Second, the plaintiff cross-moves for summary judgment in his favor. Finally, the plaintiff moves for a preliminary injunction enjoining the defendants from filling a civil service position that was the subject of the parties' settlement negotiations with another candidate during the pendency of this action, or alternatively, to have himself placed in said position in the interim. The plaintiff has not requested a hearing in support of his application for a preliminary injunction, and instead relies upon the documentary evidence that he has submitted. See Statement of Material Facts in Support of Plaintiff's Motion for Summary Judgment and Preliminary Injunction ¶ 16 (Docket # 107). In addition, neither of the defendants have requested a hearing to present evidence in opposition to the plaintiff's application for preliminary injunctive relief.
Plaintiff is a black male of Haitian descent who is a citizen of the United States, having served in the armed forces during the Vietnam War. See Am.Compl. ¶¶ 2-3. During 1991, plaintiff, who has a high school education, applied for several positions of employment with the Nassau County Civil Service Commission, located in Mineola, New York. See id. ¶ 4. Specifically, plaintiff applied for the following six positions: (1) Veterans' Counselor II (Examination 60-008); (2) Mosquito Control Inspector Trainee (Examination 67-654); (3) Storekeeper I (Examination 65-247); (4) Automotive Parts Storekeeper (Examination 65-935); (5) Automotive Parts Storekeeper, Supervisor (Examination 68-853); and (6) Assistant to Medical Supply Supervisor (Examination 63-057). See id. ¶¶ 6-10; Defs.' Statement of Material Facts ¶¶ 12-14, 18. As part of the application process, plaintiff was required to take qualifying examinations for each of the positions that he applied for.
Plaintiff did not take Examination 60-008 for the position of Veterans' Counselor II. According to the plaintiff, he did not sit for this examination because the defendant Nassau County Civil Service Commission refused to process his application to take this test. See Am.Compl. ¶ 29. The defendants, in turn, contend that he was not permitted to sit for this examination because he did not meet the minimum requirements for this position of possessing a bachelor's degree and the necessary experience. See Defs.' Statement of Material Facts ¶ 12.
In addition, plaintiff did not show up to take Examination 67-654 for the position of Mosquito Control Inspector Trainee. See id. ¶ 13.
Plaintiff took the civil service examinations for each of the remaining four positions. Plaintiff subsequently was informed that he had failed to achieve a passing score of 70 on each of the examinations other than that for the position of Assistant to Medical Supply Supervisor (Examination 63-057). See id. ¶¶ 14, 18. According to the plaintiff, his receipt of failing scores on the examinations in question was attributable to the defendants' intentionally incorrect scoring of these examinations because of his race and ancestry, see Am.Compl. ¶ 18, and their failure to adjust his score upwardly, for the same discriminatory reasons, to take into account his eleven years of experience in the armed forces. See id. ¶ 19. According to the plaintiff, such upward adjustment to reflect his status as a veteran with relevant experience is required pursuant to section 85 of the New York Civil Service Law. See id. ¶ 20.
The plaintiff did, however, receive a passing score on Examination 63-057 for the position of Assistant to Medical Supply Supervisor. See Defs.' Statement of Material Facts ¶ 18. The plaintiff asserts that he was discriminatorily disqualified for this position on the pretext that he failed to meet the relevant residency requirements. See Am. Compl. ¶¶ 11, 23. According to the plaintiff, such discrimination can be inferred through the underrepresentation of minorities in Nassau County Civil Service jobs. See id. ¶ 24.
Following his receipt of a passing score on the examination for the position of Assistant to Medical Supply Supervisor, the Nassau County Civil Service Commission commenced an investigation of the plaintiff to determine whether he had been a "resident" of Nassau County for the period commencing one year before he sat for that examination. See id. ¶ 12. This residency issue arose because, pursuant to section 23 4-a of the New York Civil Service Law, the Nassau County Civil Service Commission adopted residency restrictions, set forth in its examination announcements, requiring that all civil service applicants be residents of Nassau County for at least one year prior to the date of examination and maintain said residency through the date of appointment. See N.Y.Civ.Serv. Law § 23 4-a (McKinney 1983);1 Defs.' Notice of Motion, Ex. M, N; Defs.' Statement of Material Facts ¶ 16. Further, section 50(4) of the New York Civil Service Law provides the following procedural safeguards attending the disqualification of an applicant for a civil service position based upon the applicant's failure to meet an established requirement for the position:
No person shall be disqualified for failure to meet any of the established requirements for admission to the examination or for appointment to the position for which he applies unless he has been given a written statement of the reasons therefor and afforded an opportunity to make an explanation and to submit facts in opposition to such disqualification.
N.Y.Civ.Serv.Law § 50(4) (McKinney 1983 & Supp.1996); see id. § 50(4)(a) (McKinney 1983).
The plaintiff contends that since 1989, he has been a resident of Nassau County, residing at his sister's home at 220 Anchor Way, Uniondale, New York. The Nassau County Civil Service Commission initially disagreed with this conclusion and disqualified the plaintiff, in 1991, from eligibility for this position. Upon a subsequent investigation conducted in March 1995, the defendants changed their position and now concede that plaintiff has been a resident of Nassau County since 1989. See Defs.' Statement of Material Facts ¶ 20; Defs.' Notice of Motion, Ex. Q ¶ 4.
On April 4, 1995, an eligible list for Examination 63-057, with respect to the position of Assistant to Medical Supply Supervisor, was established and plaintiff's name appeared third on the list. See Defs.' Statement of Material Facts ¶ 21; Pl.'s Notice of Motion, Ex. J. This list contained four names. See Pl.'s Notice of Motion, Ex. J. Pursuant to section 61(1) of the New York Civil Service Law, the appointing authority has the discretion of selecting "one of the three persons certified by the appropriate civil service commission as standing highest on such eligible list who are willing to accept such appointment...." N.Y.Civ.Serv.Law § 61(1) (McKinney 1983).
On April 19, 1995, this list was forwarded to the appropriate appointing authority, in this case, the Nassau County Medical Center, and on April 24, 1995, a letter was sent to the plaintiff to determine whether he was willing to interview for the position. See Defs.' Statement of Material Facts ¶¶ 22-23.
On May 9, 1995, plaintiff interviewed for the position of Assistant to Medical Supply Supervisor. See id. ¶ 24. Plaintiff, however, was not offered this position. Instead, this position was offered to Philip Hytower, whose name appeared fourth on the list. See Pl.'s Notice of Motion, Ex. J; Olchin Aff., Mem. from David C. Pappalardo, Director of Human Resources, to Jack Olchin, Esq., dated June 16, 1995 (Docket # 104).
The plaintiff asserts two principal theories of the case. First, he contends that the defendants violated his procedural due process rights because he was not afforded an opportunity to present all relevant facts concerning his asserted residency status to the Nassau County Civil Service Commission. See Am.Compl. ¶ 14. In this regard, plaintiff contends that the...
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