The opinion of the court was delivered by: TRAGER
Plaintiff, pro se, is employed as a Bridges and Tunnels Officer by Triborough Bridge and Tunnel Administration (TBTA), now known as MTA Bridges and Tunnels. He stopped working under sharply contested circumstances in October 1993. Plaintiff's amended complaint, filed on August 18, 1995, against TBTA, five individual TBTA officials, including its president and two vice presidents (collectively, the TBTA defendants), and against a credit bureau and three private investigation companies (collectively, the credit report defendants), alleges violations of 42 U.S.C. §§ 1983 and 1985 and 15 U.S.C. § 1681p (Federal Fair Credit Reporting Act).
The credit report defendants became involved in plaintiff's strained relationship with TBTA because of their roles in obtaining his consumer credit report from a national credit reporting company at the behest of TBTA, purportedly in connection with consideration of Mr. King for a promotion. Defendant TR Security was under contract with TBTA to provide armed guards and "security services" at the time of the credit report request. There is no indication in the record that defendants FA Investigations, Inc., Genesis Investigations, Inc. or Credit Bureau of Port Chester had any contractual or other relationship with TBTA. William Gans of FA Investigations was contacted by Anthony Cimato of TR Security to obtain credit reports on four individuals, as requested by TBTA. Gans then contacted Genesis Investigations, Inc., which, in turn, contacted Credit Bureau of Port Chester. Defendant Credit Bureau contacted non-defendant Trans Union, a major national credit reporting company, and obtained plaintiff's credit report.
Plaintiff alleges that this credit inquiry violated the Federal Fair Credit Reporting Act. Compl. P 26. Plaintiff also alleges that he has been harassed by persons he believes to may be employees of the credit report defendants. Compl. P 27, 30.
The credit report defendants have cross-claimed against TBTA and have moved for summary judgment, on grounds that their actions were not in violation of FCRA and that, with respect to the harassment claim against the credit report defendants, plaintiff has produced no material facts that tend to substantiate it. Plaintiff has replied to these motions. The TBTA defendants have not moved for summary judgment on any of the claims against them.
In his complaint Mr. King has asserted that his phone was tapped and that he has been subjected to harassing surveillance and interference. Am. Compl. P30 and 35. He has not, however, provided objective evidence of a tap nor any particulars of information possibly obtained from a tap that might lend support to his otherwise conclusory allegations. Deposition transcript pages 86-146, 215-16, Ex. A, TR Security Reply dated November 28, 1995. Mr. King, in response to questions about the alleged tapping of his home phone, for instance, asserted that the TBTA President Ascher testified in a deposition in a suit brought by the union that a Verrazano Bridge tollbooth had been bugged. Tr. at 113-14, 120-22. He described his mail order purchase of a telephone tap detector in the period 1990-91 that confirmed his perception that his phone was tapped. He communicated with the FCC concerning his perception that his phone was tapped, but has not submitted any of this correspondence to the court. Tr. at 123-24.
Plaintiff's allegations of harassment off the job stem from incidents in which he was approached by strangers in bars, one of whom offered to sell him a gun. Tr. at 142-46. He has likewise failed to produce any evidence of any involvement by the credit report defendants in these alleged incidents.
Mr. King has presented more substantial evidence regarding the credit report request than with respect to the harassment claim. The undisputed facts of the credit request are, on or about March 13, 1992, TBTA initiated a request to TR Security for plaintiff's credit report. Anthony Cimato, a principal of TR Security, states that an unnamed employee of the Internal Security Division of TBTA called him on March 12, 1992 to request credit reports for four individuals, who "were up for promotional consideration." Cimato Aff. dated October 18, 1995 P 3. (Defendant, TR Security, in response to an interrogatory from plaintiff, stated: "Defendant TR SECURITY, INC cannot recall the name of the exact TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY employee who made the request to obtain plaintiff's credit report for promotional consideration.") TR Security relayed the request to First American Investigations (FA Investigations), who relayed the request to Genesis Investigations (Genesis) who requested the report from Credit Bureau. (No explanation has been offered as to why neither TR Security, FA Investigations nor Genesis made a direct request for the credit report from Credit Bureau of Port Chester (Credit Bureau) or from Trans Union itself.) Credit Bureau obtained a one-page credit report from Trans Union, not named as a defendant. The report is attached as Ex. C to Credit Bureau Brf. dated August 15, 1995.
Plaintiff disputes the assertion that the credit report failed to make its way back through this network to TBTA but raises nothing but conclusory allegations that TBTA actually received the report. Credit Bureau admits it obtained the credit report and gave it to Genesis. Credit Bureau Brf. at 2. Genesis also admits its role in requesting and transferring the report. "Genesis Investigations has provided valid service to a governmental client who properly requested consumer credit information and Genesis Investigations did so in a confidential and accurate manner." Genesis Brf. dated August 9, 1995 at 6th unnumbered page.
FA Investigations admits receiving the report from Genesis and forwarding it to TR Security. FA Investigations Brf. dated October 2, 1995 at 1. Plaintiff attached FA Investigators' letter to him, explaining that the TR Security request was "for a credit report on you, as requested by the Triboro Bridge and Tunnel Authority, your employer, for consideration in your promotion." Pltf. Ex. F, attached to Pltf. Reply Brf. dated October 17, 1995.
Anthony Cimato of TR Security states, however, that an unnamed employee of the Internal Security Division of TBTA called him on March 13, 1992 to cancel the request for the credit reports. Cimato Aff. dated October 18, 1995 P 5. Cimato states that he contacted William Gans of FA Investigations but was told that the cancellation request was too late. Id. He further states that, although TR Security paid the bill for the credit reports without ...