Doall v. N.Y. State Unified Court Sys.

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DENISE DOALL, Plaintiff, v. NEW YORK STATE UNIFIED COURT SYSTEM; OFFICE OF COURT ADMINISTRATION, Defendants.

No. 23-CV-0364(JS)(SIL)

United States District Court, E.D. New York

July 2, 2024

For Plaintiff: Denise Doall, Pro Se

For Defendants: Beth M. Kaufman, Esq. New York State Office of the Attorney General

MEMORANDUM & ORDER

SEYBERT, DISTRICT JUDGE:

The New York State Unified Court System (“NYSUCS”) and the Office of Court Administration (“OCA”) (together, “Defendants”) move, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the Complaint of pro se Plaintiff Denise Doall (“Plaintiff”) (hereafter, the “Dismissal Motion”). (See Dismissal Motion, in toto, ECF No. 18.) After careful consideration, for the reasons that follow, Defendants' Dismissal Motion is GRANTED, which disposes of all federal claims in this case. Consequently, the Court declines to exercise supplemental jurisdiction over the remaining state law claims against the Defendants and Plaintiff's Complaint is dismissed in its entirety as set forth below.

BACKGROUND^[1]

The facts set forth below are taken from Plaintiff's Complaint, matters of which the Court may take judicial notice, and Plaintiff's pro se Opposition to the instant motion. See Felton v. Loc. Union 804, Int'l Bhd. of Teamsters, No. 22-CV-2779, 2024 WL 2813896, at *3 (2d Cir. June 3, 2024) (“A court may consider on a Rule 12(b)(6) motion to dismiss . . . materials appropriate for judicial notice.”); Walker v Schult, 717 F.3d 119, 122, n.1 (2d Cir. 2013) (“A district court deciding a motion to dismiss may consider factual allegations made by a pro se party in his papers opposing the motion.”).

Plaintiff challenges the denials of her requests for an exemption from the NYSUCS's vaccine mandate requiring all judges and court employees to obtain a COVID-19 vaccination (the “Vaccine Mandate”).^[2] Those employees with approved exemptions for religious or medical reasons were shielded from the consequences of non-compliance, which included denial of access to NYSUCS premises and disciplinary action including lost wages, lost benefits, suspension, and termination. Ferrelli, 2022 WL 673863, at *5. The denials of Plaintiff's exemption requests resulted in the termination of her employment on April 7, 2022. (Compl., ECF No.1, at 6, ¶ III.E.)^[3]

Plaintiff's Complaint was filed on January 19, 2023 against the Defendants on the Court's complaint form for employment discrimination claims. (Compl., ECF No. 1.) In her Complaint, Plaintiff has checked the boxes on the form to allege that her discrimination and retaliation claims are brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”), the Age Discrimination in Employment Act of 1967, 28 U.S.C. §§ 621 to 634 (“ADEA”), and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12112 to 12117 (“ADA”). (Id. at ¶ II.) Plaintiff also alleges that her claims are brought pursuant to:

The Constitution of the United States of America, including but not limited to the 1st & 14th Amendments; GINA Title II of the Genetic Information Non Discrimination Act of 2008; the Rehabilitation Act; Black Letter Federal Law; HIPPA Law 1996; Taylor Law.

(Id. at 4.) Plaintiff alleges she is “Catholic/Christian”, and her birth year is 1967. (Id. at ¶ III.D.) Plaintiff wrote only “Hip” in the space that calls for the specific disability or perceived disability claimed. (Id.)

In addition, Plaintiff has checked the boxes on the form to allege that the Defendants unlawfully terminated her employment, failed to accommodate her disability and to promote her, retaliated against her, and caused her to suffer unequal terms and conditions of employment. (Id. ¶ III.A.) In the space that asks for any other acts of which Plaintiff complains, Plaintiff wrote: “Forced to Covid-Test weekly (on own time) & to disclose personal confidential medical information to supervisor & to upload into Employers portal/Database.” (Id.) Plaintiff lists the approximates dates for the challenged actions as follows:

(1) Forced to disclose personal/confidential medical: on or about 9/21 through 4/22;

(2) Employer refused reasonable accommodations: on or about 9/21 through 4/22;

(3) Religious exemption denied: 12/29/21;

(4) 1st Medical Exemption denied: 1/10/22;

(5) 2nd Medical Exemption denied: 2/9/22;

(6) 3rd Medical Exemption (Refused to Process): 2/24/22; (7) FMLA Papers (Refused to Process): 3/28/22;

(8) Terminated: 4/7/22;

(9) Altered completed/signed off on Time & Leave Card: on or about 4/22;

(10) Time & Leave stolen/deleted after termination: on or about 4/22;

(11) Payroll discrepancy filed - Employer refused to restore/compensate on or about 5/22;

(12) Failure to Promote (Interview); 12/22/22.

(Id. ¶ III.B.) Plaintiff sets forth the facts underlying her claims in a single page, reproduced here, in its entirety:

My employer arbitrarily and capriciously changed the terms of my employment by mandating an intrusive bodily procedure to inject foreign substances into my body.

It is not legal to require an unlicensed vaccine. All Covid-19 vaccines have not been approved or licensed by the FDA. They have been authorized for emergency use only.

As a child of God created in his divine image; I must honor my body as a temple of God. The life of the flesh is in the blood (Leviticus 17:11) and I can not alter my genetic code; DNA.

Covid-19 vaccines are only available under Emergency Use Authorizations (EUA) with a MessengerRNA/MRNA delivery system. MRNA alters Human Genome coded in DNA. It is discriminatory to deny someone a job because they choose to function with their God-given genetic makeup from birth.

My employer forced me to disclose my personal/confidential medical from on or about September 2021 through April 2022.

My employer refused me a reasonable accommodation including, but not limited to working from home from: on or about September 2021 through April 2022. After my employer required me to work from home during the height of the pandemic from: on or about March 2020 through June 2021 with positive and successful results.

My employer denied and refused to accommodate my sincere Religious beliefs and denied my exemption on 12/29/21;

My employer denied my 1st medical exemption on 1/10/22. At that time I had Covid.

My employer denied my 2nd medical exemption on 2/9/2022. At that time I had just recovered from Covid.

My employer refused to process my 3rd medical exemption on 2/24/22. At that time I possessed natural immunity.

My employer refused to process my FMLA documentation for the period of March 28, 2022 through May 6, 2022.

My employer terminated me on April 7, 2022 after 24 years of service and within 6 months of my retirement.

My employer altered my completed/signed off on time and cards: on or about 4/22.

My employer stole/deleted my accrued time and leave credits after my termination: on or about 5/22.

My employer refused to interview and promote me for a position that I worked and tested for: on or about 12/22.

(Id. at 6 (designated as “5(A)” by Plaintiff).)

For relief, Plaintiff seeks to be reinstated^[4]with back pay to the current pay scale including incremental increases, raises, benefits, and bonuses. (Id. ¶ V.) Further, Plaintiff seeks restoration of time, leave, and retirement credits, as well as reimbursement for union and medical benefits, COBRA payments, contract bonuses, and any further “relief as deemed equitable by the Court.4 (Id.)

PROCEDURAL HISTORY

Plaintiff was issued a right-to-sue letter on October 15, 2022 from the Equal Employment Opportunity Commission and has annexed a copy of said letter to her Complaint. (Id. at 9.) On January 19, 2023, Plaintiff filed her Complaint in this Court together with an application to proceed in forma pauperis. (ECF Nos. 1-2.) By Order dated June 8, 2023 the undersigned granted Plaintiff's application to proceed in forma pauperis and ordered service of the summonses and Complaint upon the Defendants. (ECF No. 6.)^[5] With leave of the Court (see Elec. Orders dated Oct. 4, 2023, Oct. 18, 2023, Dec. 8, 2023, and Dec. 13, 2023), Defendants filed the instant, fully-briefed Dismissal Motion on January 2, 2024 including Plaintiff's Opposition (hereafter, the “Opposition”), and the Defendants' Reply. (See Dismissal Motion, ECF No. 18; see also Support Memo, ECF No. 18-1; Opp'n, ECF No. 18-3; Reply, ECF No. 18-4.) Defendants contend Plaintiff has failed to state a claim under each of the laws cited by Plaintiff in her Complaint. (See Support Memo; Reply.) Further, Defendants assert Plaintiff's claims brought pursuant to the ADA and the ADEA are also barred by sovereign immunity. (Id.)

Plaintiff appears to have abandoned her claims brought under “Black Letter Federal Law, . . . [and the] Taylor Law” as she had alleged in the Complaint because she now asserts in her Opposition that her rights were violated under:

1. (Religion) The Constitution of the United States of America including but not limited to the 1st and 14th Amendments;

2. (Religion) Title VII of the Civil Rights Act;

3. (Religion) 42 U.S. Code section 2000a;

4. (Religion) 42 U.S. Code section 2000e-2;

5. (Age) The Age Discrimination in Employment Act of 1967;

6. (GINA) Title II of the Genetic Information;

7. Nondiscrimination Act of 2008;

8. (Disability) The American's with Disabilities Act;

9. (Disability) The Rehabilitation Act.

(Compare Compl., ¶ II, with Opp'n at 1.) Plaintiff also asserts: “My HIPPA rights were violated by being forced to test weekly; share results with my courthouse and upload results into a portal. In addition to being forced to provide my medical status weekly; I was forced to provide my personal medical documentation in order to request a

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