Eric Johnson v. New York State Department of Corrections

Background

Eric Johnson sued the New York State Department of Correction and Community Supervision (DOCCS), alleging racial discrimination in violation of Title VII. On October 5, 2018, the court approved the parties’ Stipulation of Settlement and General Release.

On June 9, 2019, Johnson notified the court that DOCCS had allegedly violated the settlement. DOCCS disputed Johnson’s interpretation of the settlement and asserted that it was complying with the agreement.

Report and Recommendation

Magistrate Judge Lisa M. Smith held an evidentiary hearing on September 13, 2019. On October 24, 2019, she issued a Report and Recommendation (R&R), which recommended enforcing the settlement as written. The R&R recommended that Johnson be reinstated to the next available sergeant’s position at a DOCCS facility, other than Green Haven, no more than 56 miles from his home. It further recommended that the reinstatement occur without regard to DOCCS’s reassignment policy or any existing reassignment or promotion lists.

The parties had 17 days to file objections to the R&R, but no objections were filed. Because there were no objections, Judge Karas reviewed the R&R for clear error and found no substantive error.

Ruling

Judge Karas adopted the R&R in its entirety. The court ordered DOCCS to reinstate Johnson to the next available sergeant’s position at a DOCCS facility other than Green Haven, no more than 56 miles from his home, as provided in paragraph 3(a) of the settlement agreement and without regard to DOCCS’s reassignment policy or existing reassignment or promotion lists.