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