Ndemenoh v. Boudreau

Background

Bassey B. Ndemenoh, proceeding without a lawyer, sued the City University of New York, Vincent Boudreau, identified as President of City College of New York, and the New York State Attorney General. He alleged violations of his federal constitutional rights and discrimination based on age, race, ethnicity, and color. The court interpreted the complaint as raising claims under 42 U.S.C. § 1983, a statute allowing claims against state actors for certain constitutional violations, for false arrest, malicious prosecution, and denial of due process. The court also interpreted the complaint as raising claims under Title VI of the Civil Rights Act of 1964, which prohibits certain discrimination based on race, color, or national origin.

Ndemenoh alleged that his participation in a research study was ended in November 2016; that he was arrested, searched, and had his computer and cellphone confiscated; and that City College suspended him. He also alleged that a later arrest involved the same emails, that both sets of criminal charges were dismissed and sealed, and that his complaints to college and civil-rights officials were not investigated. He sought $500,000 and reversal of the suspension on his records.

Court’s analysis

The court explained that the limitations period for the § 1983 and Title VI claims was generally three years. Because Ndemenoh filed this federal action on June 11, 2020, the court said claims based on events before June 11, 2017 appeared time-barred. The court nevertheless allowed him to amend to allege facts showing that those claims were timely or that a narrow exception to the deadline should apply.

The court dismissed the claims against Boudreau and the New York State Attorney General because Ndemenoh did not allege facts showing their direct and personal involvement in the alleged violations. The court also said claims against the Attorney General based on prosecutorial acts connected to a criminal trial were barred by immunity from civil damages claims.

The court dismissed the claims against CUNY because CUNY and City College are treated as parts of New York State for purposes of the constitutional protection that generally prevents states and state instrumentalities from being sued in federal court. The court therefore held that CUNY and City College were immune from liability on the claims presented.

The court treated the malicious-prosecution claim arising from charges dismissed on June 26, 2017 as timely because that type of claim generally begins when the criminal case ends. But it found the claim inadequately pleaded because Ndemenoh did not identify the person or people who initiated the prosecution. The court also required him to allege facts showing that the prosecution ended in a way that affirmatively indicated his innocence. The malicious-prosecution claim arising from charges dismissed on May 31, 2017 was treated as time-barred, and the court allowed amendment only of the claim arising from the June 26 dismissal. The court noted that a prior state-court finding of probable cause might later affect the malicious-prosecution claim, but said it was too early to decide that issue.

Ruling

Judge Louis L. Stanton dismissed Ndemenoh’s claims against CUNY, Vincent Boudreau, and the New York State Attorney General. The court granted him leave to file an amended complaint within 60 days. The amended complaint had to replace the original complaint, identify the defendants and their roles, provide relevant facts and dates, explain each alleged violation, and state the relief sought. If Ndemenoh did not timely amend and could not show good cause, the court stated that the complaint would be dismissed for failure to state a claim.