Booth v. New York Presbyterian Hospital - Behavioral Health Center

Background

Tamme G. Booth, who was representing herself, paid the filing fee and brought claims alleging that her former employer discriminated against her because of her religion. She asserted claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The defendants were New York Presbyterian Hospital - Behavioral Health Center; Laura L. Forese; Philip J. Wilner; and Shaun Smith.

Claims Against the Hospital

The court directed the Clerk of Court to issue a summons for the hospital. Booth was directed to serve the summons and complaint within 90 days after the summons was issued. The court stated that, if she did not serve the hospital or request an extension within that period, it could dismiss the claims against the hospital under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.

Claims Against the Individual Defendants

The court dismissed without prejudice Booth’s Title VII and New York State Human Rights Law claims against Forese, Wilner, and Smith for failure to state a claim on which relief may be granted. The court explained that Title VII does not allow individual liability. It also explained that an individual may be personally liable under the New York State Human Rights Law if the individual actually participated in the conduct underlying the discrimination claim. Booth had not alleged facts explaining how any of the three individual defendants actually participated in the alleged discrimination.

Leave to Amend and Disposition

The court granted Booth 30 days’ leave to replead her New York State Human Rights Law claims against Forese, Wilner, and Smith. The amended complaint had to state the relevant facts for each claim and defendant, including what each defendant did or failed to do, when and where the events occurred, Booth’s injuries, and the relief sought. The amended complaint would replace the original complaint, so any facts or claims Booth wanted the court to consider had to be included again.

The order required Booth to submit an amended complaint to the Pro Se Intake Unit by January 9, 2023, and warned that the claims against the individual defendants would be dismissed with prejudice if she failed to comply and could not show good cause. Judge Nelson S. Roman also directed the Clerk to mail Booth an information package and a copy of the order.