Johnson v. Rockland County BOCES

Background

Pedro Johnson brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. He alleged that his employer discriminated against him based on race, color, and marital status. He named Rockland County BOCES, Principal Dan Wilson, and Chief Operating Officer Mary Jean Marisco as defendants.

The court had previously granted Johnson permission to proceed without paying filing fees. When a person proceeds without paying fees, the court must screen the complaint and dismiss claims that are frivolous, malicious, fail to state a claim for relief, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court also must read a self-represented litigant’s pleading liberally and interpret it to present the strongest claims reasonably suggested by the allegations.

Rulings on the Claims

The court dismissed Johnson’s Title VII claims against Wilson and Marisco. It explained that Title VII does not impose individual liability on the employees or agents of an employer.

The court also dismissed Johnson’s Section 1981 claims against Marisco. Section 1981 can impose individual liability, but the plaintiff must allege an affirmative connection between the individual and the discriminatory conduct. The court found that Johnson alleged no facts showing Marisco’s personal involvement. The dismissal was without prejudice to Johnson’s seeking leave to file an amended complaint stating supporting facts.

The court likewise dismissed Johnson’s New York State Human Rights Law claims against Marisco. Although individual defendants may be liable under that law, the plaintiff must allege that the individual actually participated in the discriminatory conduct. The court found that Johnson did not allege facts showing Marisco’s personal involvement. This dismissal was also without prejudice to Johnson’s seeking leave to amend.

Service and Other Instructions

The court directed service of the action on Rockland County BOCES and Wilson. Because Johnson was allowed to proceed without paying fees, the U.S. Marshals Service would carry out service. The clerk was instructed to issue summonses, complete the required service forms with the addresses for those defendants, and provide the necessary papers to the Marshals Service.

The court extended the service period until 90 days after the summonses are issued. It also instructed Johnson to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Disposition

The court dismissed Johnson’s Title VII claims against Wilson and Marisco for failure to state a claim. It dismissed the Section 1981 and New York State Human Rights Law claims against Marisco for failure to state a claim, without prejudice to Johnson’s requesting leave to file an amended complaint. The court ordered service on Rockland County BOCES and Wilson. It certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.