Watson v. New York State Dept. of Motor Vehicles
OPINION re: 20 MOTION to Dismiss for Lack of Jurisdiction (Corrected E-Filing) filed by New York State Dept. of Motor Vehicles: For the foregoing reasons, Defendant's motion to dismiss is granted and Plaintiff is granted leave to replead within 20 days. (Signed by Judge Robert W. Sweet on 5/31/2017) (jwh)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
16 Civ. 7532
- against OPINION
NEW YORK STATE DEP'T OF MOTOR VEHICLES,
A P P E A R A N C E S:
I USDC .-SDNY
Attorney for Plaintiff
1 D C#:
Plaintiff, pro se
DAic ILED .· ~~+-r--=;::
1515 St. John's Place, Apt. 1.IE=::::==:=::=:==;::::=l:~';!:l~~==LJ
Brooklyn, NY 11213
Attorney for Defendant
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
120 Broadway, 24th Floor
New York, NY 10271
David P. Holgado
Defendant New York State Department of Motor Vehicles ("OMV"
or the "Defendant") has moved pursuant to Fed. R. Civ. P. 12(b) (1)
to dismiss the complaint of Plaintiff Careema Watson ("Watson" or
Americans with Disabilities Act,
New York State Human
and the New York City Human Rights
Watson alleges that the OMV failed to accommodate
her alleged disability of
wrongfully terminate her employment.
For the following reasons,
and proceeded to
(See Compl. at 2,
the Defendant's motion is granted and
the Complaint is dismissed with leave to replead within 20 days.
Plaintiff filed the instant Complaint on September 26 , 2016 .
(Dkt. 2.) On February 14, 2017, Defendant moved the instant motion
(Dkt. 9.) The motion was taken on submission and marked
fully submitted on April 21, 2017 .
"The inquiry on a motion to dismiss for lack of subject matter
12 (b) (1)
court has the statutory or constitutional power to adjudicate the
case." Jackson v. N.Y.S. Dep't of Labor, 709 F. Supp. 2d 218, 223
(citing Makarova v.
201 F.3d 110,
(2d Cir. 2000)). "[J]urisdiction must be shown affirmatively,
Shipping Fin. Servs. Corp. v.
140 F.3d 129,
Plaintiff's Complaint Is Dismissed With Leave To Replead
Cons ti tut ion
precludes federal courts from entertaining lawsuits by individuals
Seminole Tribe v.
Papasan v. Allain,
Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984)
(state agencies are entitled to sovereign immunity). New York State
has neither waived,
nor has Congress abrogated,
New York States'
immunity with respect to claims arising from the ADA,
HYCHRL-the very claims that constitute the instant Complaint. See
Office of Vocational
(upholding dismissal of ADA claim for lack of
subject matter jurisdiction) ; Jackson v. NYS Dep't of Labor,
F. Supp. 2d 218, 226 (S.D.N.Y. 2010)
(holding the same for claims
brought under the NYSHRL and NYCHRL). As the OMV is a state entity
for purposes of Eleventh Amendment immunity, and the Complaint has
only been brought against the OMV, the Complaint must be dismissed.
See O'Diah v. N.Y.C, No. 02 Civ. 274 (DLC), 2002 WL 1941179, at *6
(S.D.N.Y. Aug. 21, 2002)
"Generally, leave to amend should be freely given, and a pro
opportunity to demonstrate that he has a valid claim." Nielsen v.
746 F.3d 58,
(quoting Matima v.
228 F.3d 68, 81 (2d Cir. 2000)). "A prose complaint should not be
dismissed without the Court granting leave to amend at least once
when a liberal reading of the complaint gives any indication that
a valid claim might be stated." Id.
(quoting Chavis v. Chappius,
618 F.3d 162, 170 (2d Cir. 2010)). Taking into account Plaintiff's
Plaintiff leave to replead within 20 days.
15 (a) ( 2)
(A court "should freely give leave" to amend "when justice
so requires."). Any future repleading should show that this Court
may exercise subject matter jurisdiction over the claims, such as
by naming in the complaint individual defendants responsible for
unlawful actions alleged and specifying the factual basis for any
claim made. See Ying Jing Gan v . City of N.Y.,
(2d Cir. 1993)
996 F.3d 522, 529
("As to a claim brought against [a state official]
in his individual capacity . . . the state official has no Ele venth
Amendment immunity.") .
For the foregoing reasons,
Defendant's motion to dismiss is
granted and Plaintiff is granted leave to replead within 20 days.
It is so ordered.
New York, NY
ROBERT W. SWEET
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