Gonzalez v. City of N.Y.

377 F. Supp. 3d 273 (2019) United States District Court for the Southern District of New York 2019-03-28

civil; City Comptroller's Office employee's retaliation, discrimination, hostile-environment and constructive-discharge claims pleaded directly under Section 1981 against the City and four municipal employees; Rule 12(b)(6) motion granted as to every Section 1981 claim without leave to replead; parallel Section 1983 claims decided separately (S.D.N.Y.) (result: claimant-lost)

Facts

  1. 7 Judicial section 1983 remedial route for state-law impairment not law
    In Duplan v. City of New York , however, the Second Circuit held that " § 1981 does not provide a separate private right of action against state actors."
  2. 7 Judicial section 1983 remedial route for state-law impairment not law
    Therefore, Duplan 's holding applies to the Individual Defendants and bars Mr. Gonzalez from asserting claims under § 1981 against them.
  3. 7 Judicial section 1983 remedial route for state-law impairment not law
    Therefore, Defendants' motion to dismiss the claims that Mr. Gonzalez asserts under § 1981 in counts one through seven is GRANTED.