Nnebe v. City of New York

Background

Elsie Nnebe was representing herself in an employment case against the New York City Department of Education, Reida Barry-Grant, and Lisette Olivo. The opinion states that Nnebe is a tenured special education teacher and that Barry-Grant and Olivo were, respectively, the principal and assistant principal at the school where she worked during the relevant period.

Nnebe’s claims arise from disciplinary charges filed against her under New York Education Law Section 3020-a. The charges concerned alleged corporal punishment and failure to supervise students involved in a physical altercation. A hearing officer later found Nnebe guilty of certain charges. Nnebe alleges that the disciplinary charges were motivated by discrimination based on race and age and by retaliation.

After earlier motion practice, the remaining claims were federal race- and age-discrimination claims against all three defendants based only on the failure-to-supervise charges, and hostile-work-environment claims under the New York City Human Rights Law against Barry-Grant and Olivo. Discovery was underway and was scheduled to conclude on August 29, 2024.

Request for Limited Counsel

At a June 26, 2024 telephone conference, Nnebe requested appointment of pro bono counsel for settlement purposes. The parties and the court agreed that limited-scope counsel could increase the possibility of settlement. Defendants were willing to participate in a settlement conference after discovery, although they believed Nnebe’s settlement demand exceeded any potential recovery in the case.

Ruling

Judge Sarah L. Cave granted Nnebe’s request. The court directed the Clerk of Court to seek a volunteer lawyer to enter a limited appearance for Nnebe for the purpose of settlement and to file a notice of limited appearance as pro bono counsel.

The appointed lawyer will not be responsible for other aspects of Nnebe’s representation, including responding to a dispositive motion, unless the scope of representation is expanded. The representation will end after the settlement conference when counsel files a notice of completion. The court also stated that volunteer counsel may apply for reimbursement of certain out-of-pocket expenses under the court’s Pro Bono Fund procedures.

The court warned that there are no funds to retain counsel in civil cases through the court, that locating a volunteer may take time, and that no volunteer is guaranteed. If the Clerk cannot locate counsel, Nnebe must attend the settlement conference without a lawyer.