prospective injunctive relief, as well as attorneys fees as part of costs, when the suit is against the appropriate official named in his or her official capacity. Scelsa, 806 F. Supp. at 1138. Plaintiff is also not barred by the Eleventh Amendment from the possibility of equitable relief against CUNY.
VII. Constitutional Deprivation
Because there are legitimate issues of fact concerning whether plaintiff was constructively discharged, this court cannot rule that plaintiff has not suffered a constitutional deprivation. In the instant case, the substantive rights that plaintiff seeks to enforce under § 1983 are those of due process and equal protection under the Fifth and Fourteenth Amendments. Plaintiff contends that if the trier of fact finds that defendants were motivated by illegal discriminatory reasons in their attempt to transfer her out of the Music Department, such an attempt would violate the Equal Protection Clause. This Circuit has established that a violation of equal protection is sufficient to maintain a § 1983 claim. Carrero v. New York Housing Authority, 890 F.2d 569, 576 (2d Cir. 1989); Moche v. City University of New York, 781 F. Supp. 160, 168-69 (E.D.N.Y.), aff'd, 999 F.2d 538 (1993). Accordingly, plaintiff has stated a claim under § 1983.
VIII. Tortious Interference with Contractual Relations
Since this court retains jurisdiction over the Title VII and § 1983 claims, plaintiff's state law tortious interference claim will be retained under the doctrine of supplemental jurisdiction, 28 U.S.C. § 1367.
Since the court has a basis for subject matter jurisdiction, the inquiry can turn to whether plaintiff has stated a claim of tortious interference. To determine if plaintiff has stated a claim for tortious interference, it is necessary to turn to the applicable New York state law standard. To maintain a successful cause of action for tortious interference with contract under New York law, a plaintiff must allege and prove the existence of a valid contract and damages caused by the defendants' knowing and intentional interference with that contract without reasonable justification. Guard-Life Corp. v. S. Parker Hardware Mfg. Corp., 50 N.Y.2d 183, 189-90, 428 N.Y.S.2d 628, 406 N.E.2d 445 (1980); Schulz v. Washington County, 550 N.Y.S.2d 446, 449, 157 A.D.2d 948 (3d Dep't 1990). The key inquiry ordinarily, and in this case, is whether the interference was "without reasonable justification" or was improper. Guard-Life, 50 N.Y.2d at 189-90.
In order to determine if there was improper interference with the contract, the New York Court of Appeals has adopted the approach set forth in the Restatement (Second) of Torts § 767 (1979). Guard-Life, 50 N.Y.2d at 189-90. It is really a balancing test that requires the balancing of several factors. These factors include: the nature of the defendant's conduct, the defendant's motive, the interests of the plaintiff with which the defendant interferes, the interests the defendant seeks to advance, the social interests at stake, the proximity of the defendant's conduct to the interference, and the relations between the parties. Restatement (Second) of Torts § 767; Guard-Life, 50 N.Y.2d at 190 & n.2.
Therefore, in accordance with the above discussion, this court denies defendants' motion for summary judgment on all grounds save one. Defendants' motion for summary judgment is partially granted as to the dismissal of plaintiff's 42 U.S.C. §§ 1981 and 1983 claims against CUNY for monetary damages.
Dated: February 10, 1995
New York, New York
CONSTANCE BAKER MOTLEY
Pursuant to the attached opinion, defendants' motion for summary judgment is denied on all grounds save one. Defendants' motion for summary judgment is partially granted as to the dismissal of plaintiff's 42 U.S.C. §§ 1981 and 1983 claims against CUNY for monetary damages.
February 10, 1995
New York, New York
Constance Baker Motley
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