Fletcher v. Medgar Evers College

Background

Sakia Fletcher sued Medgar Evers College, the City University of New York (CUNY), officials associated with the college and CUNY, and Councilwoman Laurie Cumbo. The settlement agreement states that Fletcher asserted claims under the United States and New York Constitutions and New York statutory and common law. The agreement also states that the defendants denied any wrongful conduct, liability, or violation of law.

The agreement treated the complaint, later related filings and proceedings, a disciplinary proceeding, requests for records under New York’s Freedom of Information Law, and related appeals as part of the “Action.” It also stated that CUNY was the proper institutional defendant because Medgar Evers College was allegedly not a legally separate entity. The agreement addressed the death of Johnathon P. Hardaway and the substitution of his successor for official-capacity claims under Federal Rule of Civil Procedure 25(d).

Settlement terms

The parties agreed to dismiss the Action and all claims that were or could have been asserted in it with prejudice under Federal Rule of Civil Procedure 41(a). The agreement provided for a gross settlement of $27,000:

- The State of New York, on behalf of CUNY, would pay Fletcher $10,000 for damages claims. - The State of New York, on behalf of CUNY, would pay $15,000 to Cohen & Green, P.L.L.C., for attorneys’ fees, costs, and expenses. - New York City would pay Fletcher $2,000 for claims including damages, equitable and injunctive relief, attorneys’ fees, costs, and expenses.

The state and city payments were conditioned on approval by the appropriate officials and on Fletcher and her attorneys providing required documentation. The agreement also contained provisions concerning taxes, Medicare eligibility and payments, liens, setoffs, and possible interest on delayed state payments.

Training requirement

Within the time specified in the agreement, CUNY was required to train the officers appointed to succeed Rudolph Crew as Medgar Evers College president and Johnathon P. Hardaway as chief legal officer. The training concerned the First Amendment’s application to student speech at CUNY, including the prohibition on disciplining students at Medgar Evers College for exercising First Amendment rights. If successors were not installed within the stated period, interim officers were to receive the training.

Release and waiver

In exchange for the settlement payments and other consideration, Fletcher released the State of New York, CUNY, New York City, and covered agencies, officials, employees, and other released parties from broad categories of known and unknown claims through the date of the agreement. The release covered claims related to the Action and numerous potential federal, state, and local constitutional, statutory, employment, discrimination, retaliation, contract, and tort theories. The agreement preserved specified nonwaivable statutory protections, certain New York Military Law and Labor Law claims, unemployment benefit rights, and the right to participate in Equal Employment Opportunity Commission proceedings.

The agreement stated that neither side would be considered a prevailing party and that the settlement was not an admission of liability, a determination on the merits, or precedent in another case. It also stated that Fletcher had counsel and entered the agreement voluntarily.

Court’s action and disposition

Judge Valerie Caproni ordered the settlement and dismissed the Action with prejudice. The separate stipulation dismissed with prejudice the claims against Rudolph Crew, Félix V. Matos-Rodriguez, Alexis McLean, and Johnathon P. Hardaway. The court retained jurisdiction to enforce the settlement. If required state or city approvals were not obtained within 120 days after Fletcher submitted the required documentation, the agreement allowed Fletcher to declare it void and apply to reinstate the Action against specified defendants within the stated deadlines. The court did not decide the merits of Fletcher’s underlying claims.