White v. Town of Huntington

ANDREW B. WHITE, Plaintiff, v. TOWN OF HUNTINGTON, THOMAS BOCCARD, JERRY RICKERT,MARK J. TYREE, NEAL SHEEHAN,and PATRICIA IRVING, in their official and individual capacities, Defendants.

14-cv-7370 (ST)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

March 4, 2021

MEMORANDUM & ORDER

TISCIONE, United States Magistrate Judge:

Pending before the Court in this matter is a Motion for Summary Judgment filed by Thomas Boccard ("Boccard"), Mark J. Tyree ("Tyree"), Neal Sheehan ("Sheehan"), Jerry Riekert ("Riekert"), and Patricia Irving ("Irving") (together, "Individual Defendants"). The Motion seeks dismissal for lack of personal jurisdiction and summary judgment on Andrew B. White's ("Plaintiff") claims arising under New York State Human Rights Law ("NYSHRL") and 42 U.S.C. § 1983. Upon consent of the parties, the matter is before the undersigned for all purposes.

For the following reasons, dismissal is DENIED and summary judgment is GRANTED IN PART and DENIED IN PART.

BACKGROUND

I. Factual Background

Plaintiff, who is African American, began to work for the Town of Huntington (the "Town") in seasonal positions in 2003. Defs.' Rule 56.1 Statement of Facts ("Def. 56.1") ¶ 1, Dkt. No. 100; Pl.'s Rule 56.1 Statement of Facts ("Pl. 56.1") ¶¶ 1, A.1, Dkt. No. 109. From 2008 to 2011, Plaintiff worked in several temporary positions with the Town. Def. 56.1 ¶ 2; Pl. 56.1 ¶ 2. While working for the Town, Plaintiff was a member of Local 342 of the Long Island Public Service Workers. Def. 56.1 ¶ 3; Pl. 56.1 ¶ 3. While Plaintiff worked for the Town, Boccard encouraged Plaintiff to obtain a Commercial Driver's License ("CDL") and told Plaintiff that having a CDL would improve his chances of securing a full-time position with the Town. Def. 56.1 ¶ 18; Pl. 56.1 ¶ 18. Plaintiff obtained his CDL in or about 2009. Def. 56.1 ¶ 19; Pl. 56.1 ¶ 19.

In November 2011, Boccard was the Director of the Town's Department of General Services. Def. 56.1 ¶ 9; Pl. 56.1 ¶ 9. At that time, Boccard offered Plaintiff a permanent, part-time laborer position in the Department of General Services. Def. 56.1 ¶¶ 9-10; Pl. 56.1 ¶¶ 9-10. In this role, Plaintiff worked sixteen hours per week, weekends only, at the Dix Hills Ice Rink ("Ice Rink"). Def. 56.1 ¶ 10; Pl. 56.1 ¶ 10. Riekert was the foreman in charge of employees at the Ice Rink. Def. 56.1 ¶ 13; Pl. 56.1 ¶ 13. In September 2012, Riekert evaluated Ice Rink employees. Pl. 56.1 ¶¶ C.44, C.49. In April 2013, Plaintiff had his hours at the Ice Rink reduced to eight hours per week. Pl. 56.1 ¶ A.20. At that point Plaintiff left his position at the Ice Rink. Def. 56.1 ¶ 17; Pl. 56.1 ¶¶ 17, A.20. Plaintiff was the only African American working at the Ice Rink during the period of November 2011 to April 2013. Pl. 56.1 ¶ A.24. While Plaintiff worked at the Ice Rink, Plaintiff also worked as a truck driver for a company called Magnum Cesspool. Pl. 56.1 ¶ A.17.

Between 2008 and 2014, Plaintiff unsuccessfully applied to a variety of permanent, full-time positions with the Town. See Pl. 56.1 ¶¶ D.51-D.207. In December 2013, Plaintiff filed a verified complaint with the New York State Division of Human Rights ("NYSDHR") against the Town. Pl. 56.1 ¶ E.220. In June 2014, NYSDHR made a determination of probable causeregarding Plaintiff's discrimination claims against the Town. Pl. 56.1 ¶ 221. Plaintiff did not file a grievance with his union. Pl. 56.1 ¶ E.218.

The following applications relate to Individual Defendants' Motion for Summary Judgment.¹

a. February 2013, Department of General Services, Heavy Equipment Operator ("HEO") II

In February 2013, Plaintiff applied for available HEO II positions in the Department of General Services. Def. 56.1 ¶ 36; Pl. 56.1 ¶ 36. Plaintiff was interviewed for the position. Def. 56.1 ¶ 39; Pl. 56.1 ¶ 39. Boccard and Tyree were present for the interview. Def. 56.1 ¶ 40; Pl. 56.1 ¶ 40. At the time, Boccard was the Director of the Department of General Services and Tyree was Deputy Director of that department. See Def. 56.1 ¶ 40. Cory Reinard ("Reinard") and Joseph Bichko ("Bichko") were hired to the two available HEO II positions in the Department of General Services. Def. 56.1 ¶ 41; Pl. 56.1 ¶ 41. Plaintiff did not speak with Boccard about the decision to select Reinard and Bichko for the open positions. Def. 56.1 ¶ 44; Pl. 56.1 ¶ 44. Plaintiff notes that both Bichko and Reinard are Caucasian. Pl. 56.1 ¶ D.139.

b. February 2013, Highway Department, HEO II

In February 2013, Plaintiff applied for a HEO II position in the Highway Department. Def. 56.1 ¶ 25; Pl. ¶ 25. Plaintiff acknowledges that William Naughton ("Naughton") was at this time the Superintendent of the Highway Department and selected the applicant to fill this position. Pl. 56.1 ¶ 27. In March 2013, Plaintiff received a letter from Irving that stated Plaintiff was not selected for the position. Def. 56.1 ¶ 28; Pl. 56.1 ¶ 28. At the time, Irving was theDeputy Superintendent. See Def. 56.1 ¶ 28. Plaintiff neither met nor spoke with Irving. Def. 56.1 ¶29; Pl. 56.1 ¶ 29. Robert J. Esposit ("Esposit") was selected for the position. Pl. 56.1 ¶ D.148. Plaintiff notes that Esposit is Caucasian. Id. ¶ D.151.

c. February 2013, Highway Department, Tree Trimmer I

In February 2013, Plaintiff applied for a Tree Trimmer I position in the Highway Department. Def. 56.1 ¶ 30; Pl. 56.1 ¶ 30. Here too Plaintiff acknowledges that Naughton was the Superintendent of Highways and selected the applicant to fill this position. Pl. 56.1 ¶ 33. In March 2013, Plaintiff received a letter from Irving that notified him he was not selected for the position. Def. 56.1 ¶ 34; Pl. 56.1 ¶ 34. Again, Irving was the Deputy Superintendent. See id. Plaintiff did not speak with Irving about the Tree Trimmer I position. Def. 56.1 ¶ 35; Pl. 56.1 ¶ 35. Sean Gerolami ("Gerolami") was selected for the position. Def. 56.1 ¶ 32; Pl. 56.1 ¶ 32. Plaintiff notes that Gerolami is Caucasian. Pl. 56.1 ¶ D.162.

d. September 2013, Department of Environmental Waste Management, HEO II

In September 2013, Plaintiff applied for a HEO II position in the Department of Environmental Waste Management. Def. 56.1 ¶ 53; Pl. 56.1 ¶ 53. At that time, Sheehan was the Director of the Department of Environmental Waste Management. Def. 56.1 ¶ 58; Pl. 56.1 ¶ 58. Plaintiff neither met nor spoke with Sheehan at any point. Def. 56.1 ¶ 59; Pl. 56.1 ¶ 59. Sheehan selected Michael Caleb ("Caleb") for the position. Def. 56.1 ¶ 61; Pl. 56.1 ¶ 61. Caleb is African American. Def. 56.1 ¶ 62; Pl. 56.1 ¶ 62.

e. September 2013, Highway Department, HEO I

In September 2013, Plaintiff applied for available HEO I positions in the Highway Department. Def. 56.1 ¶ 67; Pl. 56.1 ¶ 67. Again, Plaintiff acknowledges that Naughton was the Superintendent of Highways and that Naughton filled the available HEO I positions. Pl. 56.1 ¶71. In October 2013, Plaintiff received a letter from Irving that advised Plaintiff he was not selected. Def. 56.1 ¶ 72; Pl. 56.1 ¶ 72. Again, Irving was the Deputy Highway Superintendent at the time. See id. Plaintiff never spoke to Irving about the HEO I positions. Def. 56.1 ¶ 71; Pl. 56.1 ¶ 71. Anthony Nieves ("Nieves") and Darryl Rose ("Rose") were hired for the two openings. Pl. 56.1 ¶ 70. Plaintiff notes that Nieves is Hispanic and Rose is Caucasian. Pl. 56.1 ¶ D.176.

f. October 2014, Department of General Services, Custodial Worker

In October 2014, Plaintiff applied for a Custodian position in the Department of General Services. Def. 56.1 ¶ 74; Pl. 56.1 ¶ 74. Jamaal Collins ("Collins") was selected for the position. Def. 56.1 ¶ 77; Pl. 56.1 ¶ 77. Collins is African American. Def. 56.1 ¶ 78; Pl. 56.1 ¶ 78.

II. Procedural History

Plaintiff commenced this action on December 18, 2014. See generally Compl., Dkt. No. 1. Pursuant to an order of this Court, Plaintiff filed his Amended Complaint on December 2, 2015. Order dated November 18, 2015, Dkt. No. 26; see generally Am. Compl., Dkt. No. 27. In his Amended Complaint, Plaintiff asserts against the Town and Individual Defendants causes of action arising under: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e; 42 U.S.C. § 1981; 42 U.S.C. § 1983; Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978); 42 U.S.C. § 1985; 42 U.S.C. § 1986; § 296, New York State Human Rights Law ("NYSHRL"); Suffolk County Human Rights Law; and a claim for negligent infliction of emotional distress. See generally Am. Compl.

Over the course of this litigation, Plaintiff withdrew its §§ 1985, 1986 and negligent infliction of emotional distress claims. See Pl.'s Mem. Opp. Town's Mot. Summ. J. at 25, Dkt. No. 67. After the Honorable Gary R. Brown, then-presiding, ruled on the Town's summaryjudgment motion, Plaintiff's Title VII, NYSHRL, and § 1983 claims for discrimination on the basis of race for failure to hire remained. See generally Order on Town's Mot. Summ. J., Dkt. No. 89.

Around the time the Town's Motion for Summary Judgment was being briefed and decided, default was entered against Individual Defendants. Entry of Default, Dkt. No. 72. Individual Defendants moved to vacate. See generally Individual Defendants' Motion to Vacate Clerk's Entry of Default, Dkt. No. 74. After ruling on the Town's summary judgment motion, then-Magistrate Judge Brown granted Individual Defendants' Motion to Vacate, stating "[t]o avoid prejudice to plaintiff, the Individual Defendants will not be permitted to re-litigate any of the issues previously resolved on summary judgment." Order dated February 15, 2019.

Individual Defendants now move for summary judgment on the claims that remain against them. See generally Individual Defs.' Notice Mot. Summ. J., Dkt. No. 98. Specifically, Individual Defendants assert that this Court lacks personal jurisdiction over them, seek summary judgment on Plaintiff's NYSHRL and § 1983 claims, and assert that Individual Defendants are entitled to qualified immunity.² Individual Defs.' Mem. Supp. Summ. J. ("Mot."...