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Carroll v. State

United States District Court, N.D. New York

February 22, 2018

TRACY CARROLL, Plaintiff,
v.
THE STATE OF NEW YORK and the NYS DEPARTMENT OF CORRECTIONAL SERVICES, Defendants.

          OFFICE OF DENNIS F. IRWIN ATTORNEY FOR PLAINTIFF

          OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL ATTORNEYS FOR DEFENDANTS

          DENNIS F. IRWIN, ESQ., ADRIENNE J. KERWIN, AAG

          MEMORANDUM-DECISION AND ORDER

          Mae A. D'Agostino, U.S. District Judge

         I. INTRODUCTION

         On April 25, 2014, Plaintiff commenced this action alleging that Defendants violated her rights under Title VII of the Civil Rights Act of 1964, specifically 42 U.S.C. § 2000e-5(e)(1). See Dkt. No. 1. On August 22, 2014, Plaintiff amended her complaint. See Dkt. No. 11.

         On November 11, 2014, the Court granted Defendants' motion to dismiss, finding that Plaintiff failed to allege any acts of discrimination within the 300-day statutory time period. See Dkt. No. 19 at 7-8. The Court also permitted Plaintiff one final opportunity to amended her complaint.

         Currently before the Court is Defendants' motion for summary judgment.

         II. BACKGROUND

         Plaintiff was employed by the New York State Department of Corrections and Community Supervision ("DOCCS") from November 2006 until April 2013. See Dkt. No. 48-1 at ¶ 1. In November 2006, Plaintiff began her employment with DOCCS at Mount McGregor Correctional Facility ("Mt. McGregor C.F."). See Id. at ¶ 2. Plaintiff worked at Mt. McGregor C.F. until December 2010. See Id. at ¶ 3. At Mt. McGregor C.F., Plaintiff worked as a transitional services coordinator and veterans coordinator. See Id. at ¶ 4.

         Mt. McGregor C.F. had a medium security portion and a minimum security portion: Plaintiff maintained offices in both locations. See Id. at ¶ 5. During her time at Mt. McGregor C.F., Plaintiff's direct supervisor was senior correction counselor Jean Huff. See Id. at ¶ 6. Plaintiff claims that, while employed at Mt. McGregor C.F., she faced harassment and discrimination directed at her by, among others, Sergeant John Michaels, Captain Murphy, Corrections Officer Kleinfeld, and Lieutenant Sheridan. See Id. at ¶ 7.

         In December of 2010, Plaintiff lost her job at Mt. McGregor C.F. as a result of a reduction in staff. See Id. at ¶ 8. In January 2011, Plaintiff began work at Great Meadow Correctional Facility ("Great Meadow C.F."). See Dkt. No. 48-1 at ¶ 9. At Great Meadow C.F., Plaintiff was employed as a correction counselor and her direct supervisor was, at first, Robert Boissey, and thereafter Cheryl Goodman. See Id. at ¶¶ 10-11. Plaintiff's next-ranking supervisor was Karen LaPolt, who was deputy superintendent of programs. See Id. at ¶ 12. While employed at Great Meadow C.F., Plaintiff claims that she faced harassment and/or discrimination directed at her by, among others, Corrections Officers Scuderi, LaPointe, and possibly Dougherty, "Tony, " and Kemp. See Id. at ¶ 13.

         At Great Meadow C.F., Plaintiff's regular schedule was Monday through Friday, 8:00 a.m. through 4:00 p.m. See Id. at ¶ 14. Plaintiff did not work on Friday, April 13, 2012. See Id. at ¶ 15. On Monday, April 16, 2012, Plaintiff worked for seven hours and thirty minutes, having used thirty minutes of vacation time on that day. See Id. at ¶¶ 15-16. Plaintiff worked a full day on Tuesday, April 17, 2012 but was compensated using time allowed to her under the Family and Medical Leave Act for Wednesday, April 18, 2012. See Id. at ¶¶ 17-18. The last day upon which Plaintiff reported to work at Great Meadow C.F. was April 17, 2012. See Id. at ¶ 19.

         On February 7, 2013, Plaintiff filed a complaint with the Equal Employment Opportunity Commission ("EEOC"). See Id. at ΒΆ 21. On January 24, 2014, Plaintiff ...


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