United States District Court, W.D. New York
For Todd Spring, Plaintiff: Glenn E. Pezzulo, Culley, Marks, Tanenbaum & Pezzulo, Rochester, NY.
For County of Monroe, New York, Monroe Community Hospital, Maggie Brooks, as Monroe County Executive, Daniel M., Jr., Esq. DeLaus, William K, Esq. Taylor, Brett, Esq. Granville, Smith H., Esq. Merideth, Defendants, Cross Defendants: Eugene Welch, LEAD ATTORNEY, Letty L. Laskowski, Harris Chesworth O'Brien Johnstone Welch & Leone LLP, Rochester, NY; Howard A. Stark, Monroe County Department of Law, Rochester, NY; Mark J. Valerio, Moran & Kufta, P.C., Rochester, NY.
For Karen Fabi, Defendant: Charles D. Steinman, Jeffrey Wicks, LEAD ATTORNEYS, Jeffrey Wicks, PLLC, Rochester, NY; Maureen G. Fatcheric, Costello Cooney & Fearon PLLC, Camillus, NY.
For Karen Fabi, Cross Claimant: Jeffrey Wicks, LEAD ATTORNEY, Jeffrey Wicks, PLLC, Rochester, NY; Maureen G. Fatcheric, Costello Cooney & Fearon PLLC, Camillus, NY.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge.
Plaintiff, Todd Spring, brings this action against the County of Monroe, New York (" County" ), Monroe Community Hospital (" MCH" or " Hospital" ), and six individual defendants. Plaintiff, a former employee of the Hospital, asserts civil rights and other claims arising out of the termination of his employment in May 2013. Defendants have moved to dismiss the complaint pursuant to Rules 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure.
In addition, one of the individual defendants, Karen Fabi, who is represented by separate counsel, has filed a cross-claim for contribution and/or indemnity against the other seven defendants (" County defendants" ). The County defendants have moved to dismiss Fabi's cross-claim. At oral argument on the pending motions, the Court granted Fabi's oral request to withdraw and dismiss her claim for indemnity, although she continues to press her claim for contribution.
Plaintiff began working for MCH in 2000. Immediately prior to his termination, plaintiff held the position of Executive Health Director and Chief Administrative Officer.
Plaintiff's termination stemmed from an investigation concerning a Hospital resident, Samuel Condello. According to the complaint, in early 2013, " questions were raised" concerning Condello's " behavior and actions regarding alcohol use and continued unsafe smoking practices ... ." Complaint ¶ 17. In response to those concerns, the New York State Department of Health (" DOH" ) launched an investigation into the matter in February or March 2013.
Because of the possibility that the investigation might lead to civil or criminal liability, the County provided plaintiff with legal representation from defendants Daniel DeLaus, William Taylor, Brett Granville and Meredith Smith (" attorney defendants" ), all of whom are lawyers employed by the County. The attorney defendants also represented the County and several other MCH staff members, but plaintiff was " assured by [the attorney] Defendants that there was no conflict of interest ... ." Complaint ¶ 20.
Plaintiff alleges that throughout the DOH investigation, he was instructed by the attorney defendants not to make any public statements, or even statements to ...