United States District Court, W.D. New York
For Troy Cordell, Plaintiff: Van Henri White, LEAD ATTORNEY, Law Office of Van White, Rochester, NY.
For Unisys Corporation, Defendant: Michael A. Kalish, Epstein, Becker & Green, P.C., New York, NY.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge.
Plaintiff Troy Cordell (" plaintiff" ) brings this action against Unisys Corporation (" Unisys" ), alleging that he was subjected to unlawful employment discrimination, a hostile work environment and retaliation, in violation of 42 U.S.C. § 1981 (" Section 1981" ), 42 U.S.C. § 1982 (" Section 1982" ), 42 U.S.C. § 1983 (" Section 1983" ), and the New York Human Rights Law, N.Y. Exec. Law § 292 et seq. (" NYHRL" ). Unisys now moves to dismiss the complaint in part -- specifically, Unisys moved for dismissal of plaintiff's Section 1982 and Section 1983 claims -- pursuant to Fed. R. Civ. Proc. 12(b)(6) (Dkt. #20). Despite ample time and opportunity to do so, plaintiff has not opposed the motion. For the reasons set forth below, the motion is granted, and plaintiff's Section 1982 and Section 1983 claims are dismissed.
I. Motion to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b)(6)
In deciding a motion to dismiss under Fed. R. Civ. Proc. 12(b)(6), a court must " accept the allegations contained in the complaint as true, and draw all reasonable inferences in favor of the non-movant." Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir. 1994), citing Ad-Hoc Comm. of Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch College, 835 F.2d 980, 982 (2d Cir. 1987). However, " a plaintiff's obligation . . . requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).
II. Plaintiff's Section 1982 Claims
Section 1982 provides that, " [a]ll citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property." 42 U.S.C. § 1982. As such, Section 1982 has no application to claims of employment discrimination " where [p]laintiff's job did not constitute real or personal property." Faulkner v. Niagara Mohawk Power Corp., at *25 (N.D.N.Y. 2006).
See also Roman v. Niagara Frontier Transit Metro System, Inc., at *3 (W.D.N.Y. 1982).
Plaintiff's claims, as alleged in the complaint, are garden-variety claims of discrimination, hostile work environment and retaliation arising out of plaintiff's employment with Unisys. Plaintiff does not allege that his job constituted real or personal property, and the complaint does not otherwise implicate any right to inherit, purchase, lease, sell, hold or convey real or personal property. Plaintiff's claims are thus not ...