Weaver v. Warrington et al
Filing
27
ORDER granting 17 Motion to Dismiss for Failure to State a Claim: For the reasons stated in the attached opinion, defendants' motion to dismiss is granted. Ordered by Judge John Gleeson on 8/4/2015. (Levin, Sarah)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
FOR ONLINE PUBLICATION ONLY
LASHANA WEAVER,
Plaintiff,
MEMORANDUM
AND ORDER
- versus BENTLEY WARRINGTON and the CITY OF
NEW YORK DEPARTMENT OF
EDUCATION,
14-CV-7097 (JG)(VVP)
Defendants.
A P P E A R A N C E S:
THE LAW OFFICE OF RENÉ MYATT
204-04 Hillside Avenue, 2nd Floor
Hollis, NY 11423
By:
René Myatt
Attorney for Defendants
ZACHARY W. CARTER
Corporation Counsel of the City of New York
100 Church Street, Room 2-140
New York, NY 10007
By:
Daryl Gregory Leon
Attorney for Defendants
JOHN GLEESON, United States District Judge:
Plaintiff Lashana Weaver brings this action against Bentley Warrington and the
New York City Department of Education (“DOE”) under 42 U.S.C. § 1981, Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) and the New York State
Human Rights Law (“NYSHRL”) for wrongful termination from her job, and under 42 U.S.C. §
1983 for malicious prosecution and false arrest. She also brings several state law causes of
action, including defamation and negligence. Defendants have moved to dismiss Weaver’s
claims pursuant to Federal Rule of Civil Procedure 12(c). I heard oral argument on Friday, June
26, 2015. For the reasons stated below, defendants’ motion is granted.
BACKGROUND
Weaver alleges the following facts, which I assume to be true for purposes of this
motion to dismiss. Weaver worked from December 3, 2012 to April 26, 2013 for the DOE at
Walt Whitman Middle School 246 in Brooklyn, where defendant Bentley Warrington served as
principal. Compl. ¶ 12. She was a “merited and highly respected employee” and a “favorite
amongst the students.” Weaver thought highly of Warrington, who was her supervising
principal. Id. ¶¶ 13, 21.
Warrington hired a friend of Weaver’s based on Weaver’s recommendation, and
at some point thereafter there was gossip among the teachers that Warrington had “an interest in
Ms. Weaver’s friend,” which the “teaching community fe[lt] . . . [was] inappropriate.” Id. ¶¶ 1415. Weaver’s friend informed Weaver about Warrington’s “interest in her,” and Weaver told her
friend that because Warrington was an older man and “in a position of power,” the situation was
“inappropriate and unprofessional.” Id. ¶ 16. The friend relayed this information to Warrington,
at which point Warrington began a “course of retaliation” against Weaver. Id. ¶ 17. The
retaliation Weaver experienced included receiving an “unsatisfactory” rating and being
“admonished” when a student took her cell phone. Id. ¶ 18.
In April 2013 Warrington found a photograph of Weaver on a website that
pertained to “two prior arrests for minor offences” that occurred in 2008 and 2009, while Weaver
was in college. Id. ¶ 19. Warrington attempted to terminate Weaver’s employment due to this
discovery, but was unsuccessful. Id. Then, on April 26, 2013, Warrington terminated Weaver
2
by telling her that her teaching services were “no longer needed . . . because of budget cuts.” Id.
¶ 20.
Weaver was concerned about her career, and, following the suggestion of a
colleague, she went to talk with Warrington. During this talk, Warrington “t[ook] out his cell
phone, h[eld] it close to Ms. Weaver’s face and beg[an] snapping pictures of her.” Next, Weaver
“move[d] [Warrington]’s arm from her face” and then left to “make a complaint at the local
precinct.” At the precinct, Weaver was told that the matter did not “warrant any action.” Id. ¶¶
23-25. Weaver then spoke with an attorney to “lodge her complaint.” Id. ¶ 26.
Thereafter, Weaver was arrested. Id. ¶ 28. Weaver claims that she reached out to
the DOE, which said that because of her arrest, Weaver had “violated certain [DOE] codes” and
therefore the DOE “would not entertain [Weaver’s] perspective of what had transpired.” Id. ¶
29. Weaver filed a complaint with the New York State Division of Human Rights
(“NYSDHR”), and the DOE responded that “teachers have a right to indulge in romantic
relationships with each other,” and that the “situation did not warrant investigation on their part”
for this reason. Id. ¶ 30. Thereafter, the NYSDHR gave Weaver a “Right to Sue” letter because
Warrington was “operating from a position of power.” Id. ¶ 31.
DISCUSSION
A.
Standard of Review
In deciding a motion under Rule 12(c), I must “assume the truth of all well-
pleaded factual allegations, draw all inferences in the light most favorable to the plaintiff[], and
grant the motion only if the complaint so viewed fails ‘to raise a right to relief above the
speculative level.’” Allstate Ins. Co. v. Lyons, 843 F. Supp. 2d 358, 367 (E.D.N.Y. 2012)
(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In order to survive this
3
standard, which is the same as that for a motion to dismiss pursuant to Rule 12(b)(6), it is not
necessary that the complaint include “detailed factual allegations,” Twombly, 550 U.S. at 555;
however, it must contain more than “mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S.
662, 663 (2009).
B.
The Title VII, Section 1981, and NYSHRL Claims
1.
The Applicable Legal Framework
Claims under Title VII, 42 U.S.C. § 1981, and the NYSHRL are all analyzed
under the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S.
792 (1973). See McGill v. Univ. of Rochester, 600 F. App’x 789, 790 (2d Cir. 2015). Retaliation
and discrimination-based wrongful termination claims are also subjected to the McDonnell
analysis. See Goins v. Bridgeport Hosp., 555 F. App’x 70, 73 (2d Cir. 2014). Under the
McDonnell Douglas framework, “a plaintiff bears the initial burden of establishing a prima facie
case of discrimination.” Holcomb v. Iona Coll., 521 F.3d 130, 138 (2d Cir. 2008). If the
plaintiff is able to satisfy this initial burden, the burden then shifts to the defendant to “articulate
a legitimate, clear, specific and non-discriminatory reason” for its action. Holt v. KMIContinental, Inc., 95 F.3d 123, 129 (2d Cir. 1996).
Because NYSHRL and Section 1981 claims are subject to the same standard as
Title VII claims, I will consider them together, except where otherwise noted. McGill, 600 F.
App’x at 790. However, I note at the outset that Weaver’s claim for discrimination under § 1981
must be dismissed because § 1981 claims are limited to race-based discrimination and retaliation.
Plaintiff does not allege any race-based discrimination, and the facts alleged in her complaint,
even when construed in the light most favorable to her, do not yield an inference of racial
discrimination by the defendants. See 42 U.S.C. § 1981.
4
2.
Prima Facie Case
To establish a prima facie case for wrongful termination, “a plaintiff must show
that (1) [s]he is a member of a protected class; (2) [s]he was qualified for the position [s]he held;
(3) [s]he suffered an adverse employment action; and (4) the adverse action took place under
circumstances giving rise to [an] inference of discrimination.” Dupree v. UHAB-Sterling St.
Hous. Dev. Fund Corp., No. 10-CV-1894 (JG)(JO), 2012 WL 3288234, *4 (E.D.N.Y. Aug. 10,
2012) (quoting Ruiz v. Cnty. of Rockland, 609 F.3d 486, 491-92 (2d Cir. 2010)). The standard
for a prima facie case of retaliation is similar; Weaver must show “(1) participation in a protected
activity; (2) that the defendant knew of the protected activity; (3) an adverse employment action;
and (4) a causal connection between the protected activity and the adverse employment action.”
Hicks v. Baines, 593 F.3d 159, 164 (2d Cir. 2010) (internal quotations omitted).1 I will consider
Weaver’s wrongful termination and retaliation claims together in this discussion because I find
they fail to survive a motion to dismiss for the same reasons.
At this stage of the case, Weaver is not required to allege specific facts
establishing a prima facie case of discrimination under the McDonnell Douglas framework.
Gonzalez v. Carestream Health, Inc., 520 F. App’x 8, 9 (2d Cir. 2013). I must ask “only
whether a plaintiff has pled a prima facie case, not whether a plaintiff has established that case.”
See Fanelli v. New York, 51 F. Supp. 3d 219, 231 (E.D.N.Y. 2014) (internal quotations omitted).
Even though Weaver is not required to allege specific facts establishing all the elements of the
McDonnell Douglas prima facie case, “these elements can still provide a helpful outline of what
is necessary to render a plaintiff’s claims for relief plausible.” Id. (internal quotations and
alterations omitted).
1
Although Weaver did not allege retaliation as a separate claim, she asserts facts in her complaint
alleging Warrington subjected her to a “course of retaliation” that led to her receiving an unsatisfactory rating and,
eventually, to her termination. See Compl. ¶¶ 17-18, 31, 33.
5
3.
Application to Weaver’s Claims
Weaver has not pled facts sufficient to withstand a motion to dismiss. Even
assuming she has sufficiently alleged the first three elements of a prima facie case for wrongful
termination or retaliation, Weaver has not alleged facts that support an inference that her
termination or unsatisfactory rating had any connection to her membership in a protected class or
her engaging in protected activity. Indeed, Weaver’s complaint contains no mention of
discrimination as a result of her gender. Weaver alleges merely that Warrington gave her an
unsatisfactory rating and eventually terminated her because Weaver told her friend it was
inappropriate for her friend to have a romantic relationship with Warrington. See Compl. ¶¶ 1618, 20, 33. See Anderson v. N.Y.C. Dep’t of Corr., No. 12-CV-4064 (RJS)(RLE), 2013 WL
5229790, at *6 (S.D.N.Y. Sept. 17, 2013) (dismissing plaintiff’s hostile work environment claim
because “[e]ven considering her protected characteristics as a woman, there is no indication that
her gender was a motivating factor in the creation of the alleged hostile work environment”).
Although Weaver asserts that she was discriminated against based on her gender in her
opposition brief, see Pl. Opp. Br. at 14-15, no such factual allegation appears in her complaint
and it is not properly considered on this motion.
Moreover, knowledge of an alleged affair – even if it resulted in disciplinary
action on the part of the defendants – does not fall under the purview of Title VII or the
NYSHRL, neither of which is meant to police interpersonal disputes in the workplace. See
Gorley v. Metro-N. Commuter R.R., No. 99-CV-3240 (NRB), 2000 WL 1876909, at *7
(S.D.N.Y. Dec. 22, 2000) (“Title VII provides relief only for . . . discrimination, not
fickleness.”), aff’d, 29 F. App’x 764 (2d Cir. 2002); see also DeCintio v. Westchester Cnty. Med.
Ctr., 807 F.2d 304, 308 (2d Cir. 1986) (“[V]oluntary, romantic relationships cannot form the
6
basis of a sex discrimination suit under [Title VII].”); McCollum v. Bolger, 794 F.2d 602, 610
(11th Cir. 1982) (“Personal animosity,” even if it did exist between the plaintiff and the
defendants, “is not the equivalent of sex discrimination.”).
4.
Individual Liability
Additionally, to the extent Weaver asserts Title VII claims against Warrington,
those are dismissed because individual defendants may not be held liable under Title VII. See,
e.g., Patterson v. Cnty of Oneida, N.Y., 375 F.3d 206, 221 (2d Cir. 2004) (“[W]e note that
individuals are not subject to liability under Title VII.”) (internal quotations omitted). NYSHRL
claims against an individual are permissible. See E.E.O.C. v. Suffolk Laundry Servs., Inc., 48 F.
Supp. 3d 497, 523 (E.D.N.Y. 2014) (noting claims against individuals may proceed under the
NYSHRL “(1) if the defendant has an ownership interest in the employer or has the authority to
hire and fire employees, . . . and (2) if the defendant aided and abetted the unlawful
discriminatory acts of others”) (internal quotations and citation omitted). However, for the same
reasons articulated above, Weaver has not alleged facts sufficient to withstand a motion to
dismiss with respect to her NYSHRL claim for discrimination.
C.
The Section 1983 Claims
Section 1983 serves to impose civil liability on any person who, under color of
state law, “subjects, or causes to be subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured
by the Constitution and laws [of the United States].” 42 U.S.C. § 1983. Notably, § 1983 “does
not create” a substantive “federal right or benefit; it simply provides a mechanism for enforcing a
right or benefit established elsewhere.” Morris-Hayes v. Board of Educ. of Chester Union Free
Sch. Dist., 423 F.3d 153, 159 (2d Cir. 2005). “[T]he core purpose of § 1983 is ‘to provide
7
compensatory relief to those deprived of their federal rights by state actors.’” Hardy v. New York
City Health and Hosps. Corp., 164 F.3d 789, 795 (2d Cir. 1999) (quoting Felder v. Casey, 487
U.S. 131, 141 (1988)).
1.
The Malicious Prosecution Claim
Weaver’s § 1983 claim for malicious prosecution must allege a violation of her
rights under the Fourth Amendment and the elements of a claim for malicious prosecution under
New York law. See Manganiello v. City of New York, 612 F.3d 149, 160-61 (2d Cir. 2010).
Those elements are: “(1) the initiation or continuation of a criminal proceeding against the
plaintiff; (2) termination of the proceeding in plaintiff’s favor; (3) lack of probable cause for
commencing the proceeding; and (4) actual malice as a motivation for defendant’s actions.” Id.
(internal quotations omitted). The requirement for alleging a violation of Weaver’s Fourth
Amendment rights is met by alleging a “sufficient post-arraignment liberty restraint.” Rutigliano
v. City of New York, 326 F. App’x 5, 9 (2d Cir. 2009) (internal quotations omitted).
As for the first element, “initiation” of a prosecution cannot consist of “the mere
reporting of a crime to police and giving testimony.” See Rohman v. New York City Transit
Auth., 215 F.3d 208, 217 (2d Cir. 2000) (quoting DeFilippo v. Cnty. of Nassau, 583 N.Y.S.2d
283, 284 (2d Dep’t 1992)). Instead, “[a] defendant may be said to commence or continue a
prosecution if that defendant knowingly provides false information or fabricated evidence that is
likely to influence the prosecutors or the grand jury.” Watson v. Grady, No. 09-CV-3055
(KMK), 2010 WL 3835047, at *5 (S.D.N.Y. Sept. 30, 2010). Weaver has alleged that
Warrington filed “false” charges against her for attempted robbery and attempted grand larceny,
and he “knew the allegations were untrue.” Compl. ¶ 38. This amounts to an allegation that
8
Warrington knowingly provided false information and is sufficient to meet the first element of
this claim.
As for the second element, Weaver states that the prosecution was terminated in
her favor when all charges against her were dismissed by the prosecution on August 5, 2014.
Compl. ¶ 38. While a dismissal of the charges against the accused often qualifies as a “favorable
termination” for purposes of a malicious prosecution claim, there are some circumstances in
which it does not, such as when the dismissal was the result of a compromise with the accused.
See Rothstein v. Carriere, 373 F.3d 275, 286 (2d Cir. 2004) (discussing dismissal as a result of
such a compromise). Weaver’s complaint does not allege sufficient facts to discern the
circumstances surrounding the dismissal of the criminal charges against her. In an amended
complaint, she should allege additional facts that make clear whether the dismissal was under
circumstances “not inconsistent with [her] innocence.” See id.
2.
The False Arrest Claim
I will assume for the purposes of this motion that Weaver asserts both a state
claim for false arrest and a federal constitutional claim. The Fourth Amendment’s ban on
unreasonable searches and seizures requires that any arrest made in the absence of a warrant be
grounded in probable cause to believe that some offense is being (or has been) committed by the
arrestee. See, e.g., United States v. Fisher, 702 F.2d 372, 375 (2d Cir. 1983) (citing cases). A
warrantless arrest in the absence of probable cause directly violates the Fourth Amendment.
“[A] plaintiff claiming false arrest must show, inter alia, that the defendant intentionally
confined him without his consent and without justification.” Covington v. City of New York, 171
F.3d 117, 122 (2d Cir. 1999) (internal quotations omitted).
9
As in the context of malicious prosecution, “[t]o be liable for false imprisonment,
the plaintiff must prove that the defendant intended or instigated the confinement of the
plaintiff.” Vlaich v. Staiano, No. 12-CV-1758 (GLS)(RFT), 2014 WL 2927161, at *3 (N.D.N.Y.
June 27, 2014) (quoting King v. Crossland Sav. Bank, 111 F.3d 251, 256-57 (2d Cir. 1997))
(emphasis in original). “Merely providing information to law enforcement authorities,” who
thereafter “exercise their own judgment whether or not to arrest” an individual is insufficient to
incur liability under a claim of false arrest under New York law. Vlaich, 2014 WL 2927161, at
*3. Indeed, the plaintiff needs to go so far as to demonstrate that the defendant “affirmatively
induced” the arrest by “taking part in the arrest and procuring it to be made . . . to the point
where the officer [was] not acting of his own volition.” Id. (quoting Curley v. AMR Corp., 153
F.3d 5, 13-14 (2d Cir. 1998)).
Here, Weaver is not alleging that Warrington “took part in the arrest” so much so
that the officer was not acting of his own volition. Neither has she alleged that Warrington
“made the decision to arrest or induced the police to arrest.” See Vlaich, 2014 WL 2927161, at
*4. Instead, in addition to the allegations that comprise her malicious prosecution claim, Weaver
alleges only that there was a “lack of probable cause” for her arrest. See Compl. ¶ 41. Vlaich
was decided at the summary judgment stage, and the question was whether the plaintiff “proved”
the elements of those claims. On this motion to dismiss, I decide only whether Weaver’s
allegations are sufficient. However, the elements of the claim remain the same. Therefore, as
explained above, Weaver’s allegations are insufficient to state a claim for false arrest.
D.
The Additional State Law Claims
Because Weaver has failed to state a prima facie claim with respect to her federal
causes of action, I decline to exercise supplemental jurisdiction over the additional state-law
10
claims in her complaint. See 28 U.S.C. § 1367(c)(3) (district court “may decline to exercise
supplemental jurisdiction” over related state law claims if the court “has dismissed all claims
over which it has original jurisdiction”); United Mine Workers of Am. v. Gibbs, 383 U.S. 715,
726 (1966) (“Certainly, if the federal claims are dismissed before trial, even though not
insubstantial in a jurisdictional sense, the state claims should be dismissed as well.”).
CONCLUSION
For the reasons discussed above, defendants’ motion to dismiss is granted.
Weaver’s request to amend her complaint is granted, as Federal Rule of Civil Procedure 15(a)
requires that leave to amend “be freely given when justice so requires.” See Cortec Indus., Inc.
v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir. 1991).
So ordered.
John Gleeson, U.S.D.J.
Dated: August 4, 2015
Brooklyn, New York
11
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?