Tadros v. Coleman, 88 Civ. 4431 (RPP).

Decision Date15 August 1989
Docket NumberNo. 88 Civ. 4431 (RPP).,88 Civ. 4431 (RPP).
Citation717 F. Supp. 996
PartiesMakram A. TADROS, Plaintiff, v. D. Jackson COLEMAN and the Cornell University Medical College, Defendants.
CourtU.S. District Court — Southern District of New York

Makram A. Tadros, New York City, pro se.

Walter J. Relihan, Jr., University Counsel, Cornell University, Ithaca, N.Y. by Thomas Mead Santoro, Associate University Counsel (Theodore L. Araujo, on the briefs), for defendants; Haight, Gardner, Poor & Havens, New York City, of counsel.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Makram A. Tadros, proceeding pro se, brought this suit alleging federal causes of action for violations of Title VII of the Civil Rights Act of 1964 and section sixteen of the Civil Rights Act of 1870, and pendent state causes of action for breach of contract and fraud.1 The Cornell University Medical College and D. Jackson Coleman, chairman of its ophthalmology department, answered with eleven separate affirmative defenses and have now moved for summary judgment under Fed.R.Civ.P. 56. One week after oral argument on the defendants' motion, Dr. Tadros moved to amend his complaint. For the reasons following, the plaintiff's motion is denied, the defendants' motion is granted, and this lawsuit is hereby dismissed.

Background

Makram Armanios "Mark" Tadros was born in 1928 in Abu Kerkas Minia, Egypt. The Kasr El Aini Faculty of Medicine of Fouad First University (now Cairo University) awarded him diplomas in 1950, 1953, 1954, 1955, and 1958. Cornell University was founded in 1865 in Ithaca, New York. Its Medical College stands high above the East River on Manhattan's York Avenue. Dr. D. Jackson Coleman is the John Milton McLean Professor of Ophthalmology at the Cornell University Medical College and chairman of the school's ophthalmology department. What follows is this action's tortuous chronology.

Shortly before the fall of 1983, Dr. Tadros, unsolicited, approached Cornell about joining the Medical College faculty. He submitted the necessary papers on September 23, 1983, writing "none" in the space next to "salary." In a letter dated October 12, 1983, to Dr. Thomas H. Meikle, Jr., Dean of the Medical College, Dr. Coleman recommended that Dr. Tadros be designated a Visiting Lecturer in Ophthalmology. On October 20, Dr. Meikle approved, and Cornell appointed Dr. Tadros to a nine month term as a Visiting Lecturer in Ophthalmology, effective retroactively from October 1, 1983. The college renewed the appointment for a year on July 1, 1984.

Dr. Tadros's appointment to the courtesy faculty gave him access to the Medical College's library. As Dr. Tadros himself admits, however, during the pendency of his appointment he received no salary, no health or dental benefits, no insurance or retirement benefits, no office space, no secretarial help, and no regularly assigned work hours.2 Notwithstanding his title, moreover, Dr. Tadros never delivered a single lecture to any students.3

During those twenty-one months, from October 1983 to June 1985, Dr. Tadros, uninvited, attended some of the department's grand rounds. Cornell did not list him on the typed sign-in sheets, so Dr. Tadros inserted his own name. He also began planning what he called "Cornell Clinical Symposia." An advertisement for the first of them, scheduled for May 10, 1984 and entitled "Viscosurgery; Pearls and Pitfalls," appeared in at least one ophthalmologic journal; and the unverified "Meeting Announcements" section of the March 15, 1985 issue of Ophthalmology Times carried listings for two more. Dr. Tadros received numerous requests for more information. The record leaves unclear whether any of the scheduled symposia actually took place.4

On April 11, 1985, as Dr. Tadros's courtesy appointment neared its end, Dr. Coleman told Dr. Tadros in a letter that Cornell would not be renewing his library privileges.5 On June 3, 1985, Dr. Tadros filed complaints with the Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (DHR), alleging that Cornell had discriminated against him because of his Egyptian origin. The two sides immediately met to try to resolve things. On June 19, after consulting with his lawyers, the firm of Barry, McTiernan & Moore, Dr. Tadros signed a general release in which he agreed to discharge Cornell from all suits based on "his appointment or cessation of appointment at Cornell University including but not limited to any claim of discrimination based upon national origin or any other basis" in return for "a one year terminal appointment as Visiting Lecturer in Ophthalmology at Cornell University Medical College to commence on July 1, 1985 and expire the next following June 30." Dr. Coleman confirmed the agreement by letter. Dr. Tadros then withdrew his EEOC complaint, "in view of its amicable settlement," by letter dated June 21. He did not withdraw his DHR complaint. On June 27, Denise Kaiser, Administrator of the Office of Faculty Affairs, wrote a letter "to whomever it may concern" stating that Dr. Tadros "was appointed Visiting Lecturer in Ophthalmology effective October 1, 1983 and his appointment is confirmed until June 30, 1986." The letter was stamped "Not to Be Reappointed."

On July 11, 1985 Dr. Tadros sent Dr. Coleman a letter headed "Re: A Prospectus for 1985-86; M. Tadros." In the letter Dr. Tadros proposed to "properly orient all med. students to the indispensable role of funduscopy, pupils and other ocular signs in systemic disease" by delivering "Didactic lectures and tuition" in "Ophthalmology basics" and the "Inter-relation of Ophthalmology and other disciplines"; to "achieve a comprehensive Residency Training Program" by lecturing on "External diseases" and "Psycho-Ophthalmology"; to "establish Cornell as `Mecca' for Ophthalmic `Pilgrimage'" by "further efforts to rejuvenate Grand Rounds in line with successful `Cornell Clinical Symposia'"; and to "re-integrate the widely diverging, splitting subspecialities; in strives sic towards better management of disease" by founding "Interdisciplinary Symposia," "since `Nature' has shown disrespect for the artificial separation of indivisible entities." Dr. Coleman replied in a letter dated August 14, 1985: "Thank you for your suggestions, but at the present time they are not appropriate or necessary." Dr. Tadros wrote to Dr. Coleman on October 7 and again on December 14, asking him to reconsider. Finally, on March 20, 1986, Dr. Tadros wrote, "Rather than forcing me to further action; I would appreciate, as repeatedly requested before; meeting with you at your earliest convenience." Dr. Coleman did not respond.

Dr. Tadros began to take further action. Still consulting counsel, Dr. Tadros wrote to Cornell President Frank Rhodes, appealing "for due process procedure." Dr. Meikle answered on President Rhodes's behalf in a letter dated June 9, 1986, asking Dr. Tadros to follow the standard procedures for academic grievances. Dr. Tadros wrote out a "Statement of Grievance" on June 11, 1986, in which he claimed that he had signed the June 19, 1985 release under duress. Dr. Bruce Ballard, Associate Dean for Equal Opportunity Programs, met with Dr. Tadros on June 11 and 12, but told Dr. Meikle in a memorandum that informal resolution was impossible. In a letter to Dr. Tadros dated July 10, Dr. Meikle concluded that Dr. Tadros's complaint did not constitute a "grievable action"; "since the resolution of the discrimination complaint of the year before was in return for the one year terminal appointment, it cannot be said that ... the failure to reappoint you constitutes retaliation for your having filed the retaliation complaint." Furthermore, Dr. Meikle wrote, there was no evidence of duress, since Dr. Tadros had talked to a lawyer before signing the release, and "several pieces of correspondence from you show a lawyer receiving copies."

Meanwhile, on June 24, 1986, Dr. Tadros filed charges with the EEOC for the second time. In his complaint he alleged that Cornell had retaliated against him for his first EEOC filing by not letting him teach and had discriminated against him by not reappointing him to his courtesy position. The EEOC deferred initial processing to the DHR, which had by then revived Dr. Tadros's earlier charge and called Cornell in for a hearing. Dr. Tadros now hired a new lawyer, Leonard Flamm of Hockert & Flamm, and Mr. Flamm wrote to Dr. Coleman on July 24, threatening him with legal action if Dr. Tadros was not reappointed. The two sides met again, that December, and Dr. Tadros and Mr. Flamm each wrote more letters to the DHR as well as at least four more letters to President Rhodes.6 On April 30, 1987, the DHR issued a Determination and Order After Investigation dismissing the complaint for lack of jurisdiction.7 The DHR order specifically found that

complainant was not, in fact, an employee. Respondent had provided complainant with an identification card to permit him to use respondent's technical library. Complainant performed no services of any kind for the respondent and received nothing from the respondent that could form the basis for an employer/employee relationship.

Earlier that spring, Dr. Tadros had decided to appeal to a different agency. In a handwritten letter dated April 6, 1987, he asked the EEOC for a "substantive weight review" "in light of the inept handling of his complaint by N.Y. State with a predetermined attitude." The EEOC began its own investigation on May 21. On July 8, and again on July 27, Dr. Tadros requested a right to sue letter. An EEOC employee prepared a "Notice of Right to Sue (Issued on Request)" dated August 4, and placed it in Dr. Tadros's file. The EEOC investigator in charge of Dr. Tadros's case, Patricia Ann Hicks, meanwhile concluded that the EEOC had no jurisdiction over Dr. Tadros's case, since an "employer-employee relationship does not exist." Ms. Hicks then prepared a ...

To continue reading

Request your trial
32 cases
  • Haavistola v. Community Fire Co.
    • United States
    • U.S. District Court — District of Maryland
    • February 10, 1993
    ...of the Fire Company, are not to be considered "employees" for Title VII purposes. Smith, 657 F.Supp. at 795-96; Tadros v. Coleman, 717 F.Supp. 996, 1004 (S.D.N.Y.1989), aff'd, 898 F.2d 10 (2d Cir.1990), cert. denied, 498 U.S. 869, 111 S.Ct. 186, 112 L.Ed.2d 149, rhg. denied, 498 U.S. 995, 1......
  • Yoonessi v. State University of New York
    • United States
    • U.S. District Court — Western District of New York
    • August 26, 1994
    ...be allowed to proceed despite his failure to exhaust the administrative remedies provided by that statute. Cf. Tadros v. Coleman, 717 F.Supp. 996, 1009 (S.D.N.Y.1989), aff'd., 898 F.2d 10 (2d Cir. 1990). Since there is no genuine issue as to plaintiff's failure to exhaust, the state defenda......
  • Sada v. Robert F. Kennedy Medical Center
    • United States
    • California Court of Appeals Court of Appeals
    • July 1, 1997
    ...Medical Center (7th Cir.1996) 101 F.3d 487, 491-492; Wilde v. County of Kandiyohi (8th Cir.1994) 15 F.3d 103, 104; Tadros v. Coleman (S.D.N.Y.1989) 717 F.Supp. 996, 1002-1006, affd. (2d Cir.1990) 898 F.2d 10; see also Falls v. Sporting News Pub. Co. (6th Cir.1987) 834 F.2d 611, 613 [Michiga......
  • Hill v. New York City Bd. of Educ.
    • United States
    • U.S. District Court — Eastern District of New York
    • November 12, 1992
    ...test of Spirides. Compare United States v. Yonkers, 592 F.Supp. 570, 590 (S.D.N.Y.1984) (quoting Spirt) with Tadros v. Coleman, 717 F.Supp. 996, 1004 (S.D.N.Y.1989) (hybrid test is "the better approach"), aff'd, 898 F.2d 10 (2d Cir.), cert. denied, 498 U.S. 869, 111 S.Ct. 186, 112 L.Ed.2d 1......
  • Request a trial to view additional results
1 books & journal articles
  • Volunteers Enter the Schoolhouse Gate
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 79, 2021
    • Invalid date
    ...71 (8th Cir. 1990) (Title VII case);Hall v. Delaware Council on Crime and Justice, 780 F. Supp. 241 (D. Del. 1992); Tadros v. Coleman, 717 F. Supp. 996, 1004 (S.D.N.Y. 1989), aff'd, 898 F.2d 10 (2d Cir. 1990), cert. denied, 111 S.Ct. 186 (1990); EEOC v. Pettegrove Truck Service, Inc., 716 F......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT