Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

GILBERT v. LEVY

August 5, 2005.

MATILDA GILBERT, Plaintiff,
v.
RICHARD LEVY, REG. DIRECTOR, MICHAEL COHEN, AREA SPVR. MICHAEL BURDI, REG. DIRECTOR WALTER McGUIRE, AREA SPVR. JOSE BURGOS, EMPLOYEE RELATIONS OFFICER, KEITH WILSON, DIRECTOR OF PERSONNEL, and NEW YORK STATE DIVISION OF PAROLE, Defendants.



The opinion of the court was delivered by: THOMAS GRIESA, Senior District Judge

Opinion

Pro se plaintiff Matilda Gilbert, a former New York State parole officer, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., alleging discrimination based on race and sex. Defendants are the New York State Division of Parole and six individuals employed by that agency.

Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) or, alternatively for summary judgment under Fed.R.Civ.P. 56, for the following reasons: (1) the Title VII claims fail to state a cause of action against any of the individual defendants, as enunciated in Tomka v. Seiler Corp., 66 F.3d 1295 (2d Cir. 1995); (2) the individual defendants were not served properly with process, and accordingly the court does not have personal jurisdiction over them; and (3) the claims against all defendants are barred by the applicable statute of limitations.

  In her opposition papers on the motion, plaintiff does not oppose the application to dismiss as to the individual defendants. Therefore, this opinion will be limited to the issue of the statute of limitations as to the Division.

  PLAINTIFF'S CLAIMS

  Plaintiff filed her initial complaint on April 6, 2000 asserting race and gender discrimination. The sole defendant named in the complaint was the New York State Division of Parole.

  On August 4, 2000, plaintiff filed an amended complaint, identical to the first, but added the six named individual defendants.

  The following is a summary of the allegations in the amended complaint and in plaintiff's Equal Employment Opportunity Commission ("EEOC") filings, which were appended to the complaint and amended complaint.

  Plaintiff alleges that while she was employed as a New York State parole officer, she reported to her supervisors on April 30, 1997 that she was being stalked in the field by unknown individuals. Her EEOC papers also assert that she reported, in a memorandum to her Area Supervisor dated May 1, 1997, that she was being followed again. Plaintiff claims in her EEOC papers that the handling of her reports of stalking did not follow proper procedure because she was a black female and that "a white male would have been handled differently."

  On June 2, 1997 plaintiff was placed on involuntary administrative leave due to concerns about her psychological stability and was required to undergo psychiatric evaluation, and was required to turn in her firearm at this time.

  On July 21; 1997, plaintiff was declared to be mentally unfit for the duties of a parole officer.

  From July 23, 1997 to June 30, 1998 plaintiff was placed on sick leave, exhausting her leave credit and not receiving salary for some of that period.

  Plaintiff claims that all these actions against her came about because she was a black female.

  According to plaintiff's amended complaint, plaintiff was informed in September 1997 that a hearing was in the process of being scheduled to determine whether she was fit to return to work. This hearing was held on May 19, 1998. The hearing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.