Boakye-Yiadom v. Laria

KWAME BOAKYE-YIADOM, Plaintiff,

v. JOSEPH A. LARIA, individually, CHARLES RENFROE, individually,JOANN SIMMONS, individually, GLADYS RIVERA, individually,SHARLEEN RESHARD, individually, PATRICIA W. WRIGHT, individually,CHARLES PLANZ, individually, KENNETH STUBBOLO, individually,LUZ VALENTINE, individually, and HEMPSTEAD UNION FREE SCHOOL DISTRICT, Defendants.

09 CV 622 (DRH) (ARL)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Dated: November 19, 2012

MEMORANDUM & ORDER

APPEARANCES:

LEEDS BROWN LAW, P.C.

Attorneys for Plaintiff

By: Rick Ostrove, Esq.

Thomas Ricotta, Esq.

LEWIS BRISBOIS BISGAARD & SMITH LLP

Attorneys for Defendants

By: Peter J. Biging, Esq.

Joanne J. Romero, Esq.

Samuel C. Watkins, Esq.

HURLEY, Senior District Judge:

Plaintiff Kwame Boakye-Yiadom ("plaintiff" or "Boakye-Yiadom") commenced this action against defendants Hempstead Union Free School District (the "School District"), Joseph Laria, Charles Renfroe, Joann Simmons, Gladys Rivera, Sharleen Reshard, Patricia Wright, Charles Planz, Luz Valentine, and Kenneth Stubbolo (collectively, the "defendants"), alleging that the defendants violated his constitutional rights, pursuant to 42 U.S.C. §§ 1981, 1983 and 1985(3), and his rights under the New York State Human Rights Law ("NYHRL"), pursuant to N.Y. EXEC. LAW § 296, when they discriminated against him and subjected him to a hostile work environment due to his race, skin color, and national origin. Plaintiff also alleges that the School District violated his rights under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e, et seq. when it retaliated against him for engaging in protected activity. Presently before the Court is defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 seeking dismissal of plaintiff's Complaint in its entirety. For the reasons that follow, defendants' motion for summary judgment is GRANTED in part and DENIED in part.

BACKGROUND

The material facts, drawn from the Complaint, the parties' Local Civil Rule 56.1 Statements, and the annexed exhibits are undisputed unless otherwise noted.

Boakye-Yiadom is a Black male of Ghanaian-West African national origin who speaks with a heavy accent. He began his employment with the School District on April 3, 2006 as an Assistant Superintendent for Business and Operations. In this capacity, plaintiff was directly responsible for the business affairs of the School District and the administration and supervisionof facilities planning. These responsibilities included performing tasks such as administering the budget, controlling the day-to-day expenditures of the district as well as preparing and submitting fiscal and facilities plans and reports to the New York State Education Department ("SED"). (Defs.' 56.1 ¶ 9 & Ex. 5.) Plaintiff reported directly to the School District Superintendent. At the time of his hire up through July 2008, the Superintendent was non-party Nathaniel Clay. Plaintiff received a positive annual evaluation for each of the three school years that he worked under Clay. (Pl.'s Exs. 1-4.)

After Clay retired, Joseph Laria ("Laria") was appointed to the position of Interim Superintendent on July 14, 2008, and became Boakye-Yiadom's supervisor. The relationship between Laria and plaintiff was strained from the start. Plaintiff contends that on Laria's first day, he threatened to terminate him. (Defs.' Ex. 33.) Then, upon Laria's recommendation, the School District's Board of Education (the "Board") appointed defendant Kenneth Stubbolo ("Stubbolo") as Fiscal Oversight Management Advisor, effective August 25, 2008.¹ (Defs.' Ex. 24.) In this capacity Stubbolo served as an agent to the Board and Superintendent and had "administrative authority" over the business office administrators, which included plaintiff. In addition, the business office administrators had to report to the Superintendent through Stubbolo. (Defs.' 56.1 ¶ 118 & Ex. 34.) Plaintiff also asserts that sometime in August or September 2008 Laria told him: "With your accent, who is going to make you a superintendent?" (Defs.' Ex. 10 ("Boakye-Yiadom Dep. II") at 271.) Laria denies ever making such a remark and instead claimsthat he told the plaintiff that he could not understand him at one point during the conversation. (Laria Decl. ¶ 50.)

Based on numerous alleged incidents of race, color, and national origin discrimination, Boakye-Yiadom filed a Charge of Discrimination with the EEOC ("EEOC Charge") on September 26, 2008.² (Defs.' 56.1 ¶ 265 & Ex. 94.) On that same day, Laria issued plaintiff a negative first quarter performance review addressing twenty-one unsatisfactory performance areas.³ (Defs.' Ex. 75.) Boakye-Yiadom was the only employee to receive a first quarter performance review from Laria. In a memorandum dated October 6, 2008, Plaintiff disputed the negative performance review. (Id., Ex. 76.)

On October 17, 2008 Laria told Boakye-Yiadom that he was recommending to the Board that he be terminated. Laria also placed plaintiff on administrative reassignment to his home until November 20, 2008 - the date the Board would meet and vote on Laria's recommendation to terminate the plaintiff. (Defs.' 56.1 ¶¶ 257-58 & Ex. 92.) On November 20, the Board approved Laria's recommendation to terminate plaintiff's employment and plaintiff's employment ended on December 22, 2008. (Defs.' 56.1 ¶ 262.) Defendants Charles Renfroe, Joann Simmons, Gladys Rivera, and Sharleen Reshard served on the Board at the time plaintiff's termination was approved.

DISCUSSION

I. Summary Judgment Standard

Summary judgment pursuant to Federal Rule of Civil Procedure 56 is only appropriate where admissible evidence in the form of affidavits, deposition transcripts, or other documentation demonstrates the absence of a genuine issue of material fact and one party's entitlement to judgment as a matter of law. See Viola v. Philips Med. Sys. of N. Am., 42 F.3d 712, 716 (2d Cir. 1994). The relevant governing law in each case determines which facts are material; "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). No genuinely triable factual issue exists when the moving party demonstrates, on the basis of the pleadings and submitted evidence, and after drawing all inferences and resolving all ambiguities in favor of the non-movant, that no rational jury could find in the non-movant's favor. Chertkova v. Conn. Gen. Life Ins. Co., 92 F.3d 81, 86 (2d Cir. 1996).

To defeat a summary judgment motion properly supported by affidavits, depositions, or other documentation, the non-movant must offer similar materials setting forth specific facts that show that there is a genuine issue of material fact to be tried. Rule v. Brine, Inc., 85 F.3d 1002, 1011 (2d Cir. 1996). The non-movant must present more than a "scintilla of evidence," Del. & Hudson Ry. Co. v. Consol. Rail Corp., 902 F.2d 174, 178 (2d Cir. 1990) (quoting Anderson, 477 U.S. at 252), or "some metaphysical doubt as to the material facts," Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986)), and cannot rely on theallegations in his or her pleadings, on conclusory statements, or on "mere assertions that affidavits supporting the motion are not credible," Gottlieb v. Cnty. of Orange, 84 F.3d 511, 518 (2d Cir. 1996) (citations omitted).

The district court, in considering a summary judgment motion, must also be mindful of the underlying burdens of proof because "the evidentiary burdens that the respective parties will bear at trial guide district courts in their determination of summary judgment motions." Brady v. Town of Colchester, 863 F.2d 205, 211 (2d Cir. 1988). Where the non-moving party will bear the ultimate burden of proof on an issue at trial, "the moving party's burden under Rule 56 will be satisfied if he can point to an absence of evidence to support an essential element of the" non-movant's claim. Id. at 210-11. Where a movant without the underlying burden of proof offers evidence that the non-movant has failed to present sufficient evidence in support of his claim, the burden shifts to the non-movant to offer "persuasive evidence that his claim is not 'implausible.'" Id. at 211 (citing Matsushita, 475 U.S. at 587).

Summary judgment is generally inappropriate where questions of the defendant's state of mind are at issue, see Gelb v. Bd. of Elections of N.Y.C., 224 F.3d 149, 157 (2d. Cir. 2000), and should thus be granted with caution in employment discrimination cases, see Gallo v. Prudential Residential Servs., Ltd. P'ship, 22 F.3d 1219, 1224 (2d Cir. 1994); Carlton v. Mystic Transp., Inc., 202 F.3d 129, 134 (2d Cir. 2000). Nonetheless, "summary judgment remains available to reject discrimination claims in cases lacking genuine issues of material fact." Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 40 (2d Cir. 1994). "The summary judgment rule would be rendered sterile . . . if the mere incantation of intent or state of mind would operate as a talisman to defeat an otherwise valid motion." Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.1985). "[T]he salutary purposes of summary judgment - avoiding protracted, expensive and harassing trials - apply no less to discrimination cases than to commercial or other areas of litigation." Id. "When no rational jury could find in favor of the nonmoving party because the evidence to support its case is so slight, there is no genuine issue of material fact and a grant of summary judgment is proper." Gallo, 22 F.3d at 1224.

II. Discrimination Claims⁴

A. Legal Standard

Claims of employment discrimination, whether brought under Title VII, Section 1981, or Section 1983, are all analyzed under the burden-shifting...