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BRENNAN v. STRAUB

February 27, 2003

DOROTHY ANNE BRENNAN, PLAINTIFF,
V.
FRANK G. STRAUB, INDIVIDUALLY, ELISABETH VALLACE, INDIVIDUALLY, GEORGE GRETSAS, INDIVIDUALLY, JOHN DOLCE, INDIVIDUALLY, EDWARD DUNPHY, INDIVIDUALLY, DANIEL HICKEY, INDIVIDUALLY, AND THE CITY OF WHITE PLAINS, N.Y., DEFENDANTS.



The opinion of the court was delivered by: Robert W. Sweet, United States District Judge

OPINION

Defendants Frank G. Straub ("Straub"), Elisabeth Wallace ("Wallace"), George Gretsas ("Gretsas") and Edward Dunphy ("Dunphy") have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint of plaintiff Dorothy Anne Brennan ("Brennan") alleging violations of her civil rights in contravention of Title VII of the Civil Rights Act of 1964 ("Title VII"), codified at 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1983, culminating in the termination of Brennan's employment.

For the following reasons, that motion is granted in part and denied in part.

Facts

The following facts are drawn from Brennan's complaint as befits a motion to dismiss and do not constitute findings of fact by the Court. Parties

Brennan is a resident of the State of New York. Until September 3, 2002, she was employed as Assistant to the Commissioner of the City of White Plains' Department of Public Safety (the "Department"). She held that title by reason of a permanent competitive civil service appointment.

Defendant the City of White Plains, New York (the "City") is a municipal corporate subdivision of the State of New York duly existing by reason of and pursuant to the laws of New York.

Straub is the duly appointed, incumbent Commissioner of the Department.

Wallace is the Personnel Officer for the City.

Gretsas is the Executive Officer for the City.

Defendant John Dolce ("Dolce") was until his retirement in December 2001, the duly appointed Commissioner of the Department.

Dunphy is the duly appointed Corporation Counsel for the City.

Defendant Daniel Hickey ("Hickey") is the Deputy Commissioner of the Department. Following Dolce's retirement until the hiring of Straub on or about July 8, 2002, Hickey served as the Acting Commissioner of the Department.

Brennan's First Action And The Ensuing Actions Complained Of

On July 12, 1995, Brennan filed with the Equal Employment Opportunity Commission (the "EEOC") and the New York State Division of Human Rights (the "NYSDHR") a complaint of gender discrimination against the City. (Compl. ¶ 11.)

On April 17, 1997, Brennan filed a civil rights action in this court, Brennan v. City of White Plains, 97 Civ. 2709 (RWS) ("Brennan I"), upon her receipt of a Notice of a Right to Sue from the EEOC. Brennan has included in the instant complaint the results of discovery in Brennan I. (Compl. ¶ 12.)

On February 29, 2000, Brennan I was settled pursuant to a confidential stipulation. (Compl. ¶ 13.) Since that time, Brennan argues that she has been subject to acts of retaliation by Dolce and Hickey, including, inter alia: (1) reducing her staff size to increase her work load; (2) prohibiting her from working overtime; (3) barring her receipt of information necessary to complete her job; (4) reassigning Brennan's job responsibilities to other staff; (5) punishing Brennan for testifying in connection with a civil rights action on behalf of a female co-worker; (6) depriving Brennan of Worker's Compensation benefits; (7) interfering with her medical appointments; and (8) excluding her from critical departmental meetings and planning. (Compl. ¶ 14.)

In the Spring of 2002, Brennan told Gretsas about the conduct above. As a result, Gretsas agreed to meet with Brennan ostensibly to ...


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