Quinones v. New York City

Background

Anibal K. Quinones, proceeding without a lawyer, sued New York City and Corrections Officer Artisha Bishop. The complaint asserted claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1983. Quinones alleged that, while in City custody at the Manhattan Detention Complex, a work supervisor would not allow him to speak Spanish during his kitchen job, violating his First Amendment right to free speech. He also alleged that he was fired from the kitchen job after filing a grievance, for discriminatory and/or retaliatory reasons.

Motion and Report and Recommendation

Defendants moved to dismiss for failure to state a claim, meaning they argued that the complaint did not allege facts legally sufficient to support the claims. Magistrate Judge Debra Freeman recommended granting the motion while permitting Quinones to file an amended complaint. The district court had previously directed that the recommendation be mailed to Quinones and gave him 45 days to object. No party objected, so the court reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record.

Court’s Analysis

The court found no facial error in the recommendation that Quinones failed to plead a Title VII violation and in the recommendation concerning the § 1983 claims. The court adopted the recommendation that the Title VII claim, the § 1983 claims against New York City, and the § 1983 claim against Bishop insofar as it concerned Bishop’s personal involvement in Quinones’s termination be dismissed without prejudice.

The court declined to consider the alternative argument that Quinones could not be considered a City employee under Title VII because it was adopting dismissal of the Title VII claim on the merits of the pleading. The court also stated that it expressed no view on the recommendation that the action be dismissed with prejudice. It permitted Defendants to renew their arguments that Title VII does not apply in a correctional setting if Quinones filed an amended complaint.

Disposition

Judge Lewis J. Liman adopted the Report and Recommendation to the extent it recommended granting dismissal of the action without prejudice. Quinones was given 45 days from the order to file an amended complaint with additional factual allegations supporting his Title VII and § 1983 claims. The court stated that it would close the case if he did not amend. The Clerk was directed to mail the order to Quinones and close Docket No. 23.