Herrera v. New York City Department of Education

Background

Lois Herrera, Jaye Murray, and Laura Feijoo sued the New York City Department of Education and Richard Carranza, the former Chancellor of the Department of Education. They allege that they are Caucasian women who held high-level Department of Education positions until the defendants implemented a race-based employment policy that resulted in their demotions and being sidelined in favor of less qualified colleagues of color.

After several depositions, the plaintiffs subpoenaed former Mayor Bill de Blasio for a deposition. The defendants moved under Rule 45 of the Federal Rules of Civil Procedure to quash, or cancel, that subpoena.

Court’s Analysis

The court explained that a party seeking to depose a high-ranking government official generally must show exceptional circumstances. This can include showing that the official has unique firsthand knowledge relevant to the claims or that the information cannot be obtained through less burdensome means. The protection can apply to former officials, although the fact that an official no longer holds office may reduce concerns about interference with government duties.

The court found that the plaintiffs made the required showing. Their claims concerning municipal liability under Section 1983 required evidence of an official policy of unconstitutional race-based employment discrimination at the Department of Education. The court noted testimony that, during de Blasio’s tenure, the Department of Education was under mayoral control; that de Blasio closely managed senior appointments; that he was involved in staffing decisions; and that he focused on representation and diversity. The court also noted conflicting testimony about whether de Blasio directed that the Department of Education reflect a particular level of diversity. Because of those conflicting accounts, de Blasio might have relevant information unavailable from another source.

The court further found that a single three-hour deposition would not interfere with de Blasio’s government duties or otherwise impose an undue burden because he was no longer a current high-ranking official.

Ruling

Judge Vyskocil denied the defendants’ motion to quash. The court ordered de Blasio to sit for a three-hour deposition by August 30, 2022. It also adjourned the post-discovery conference to September 15, 2022, and set September 8, 2022, as the deadline for pre-motion submissions concerning post-discovery dispositive motions. The order addressed the deposition subpoena and scheduling; it did not decide whether the plaintiffs’ race-discrimination claims would succeed.