Salem v. New York University
- Valerie Caproni
- 1:22-cv-05112
- U.S. District Court · Southern District of New York
- 3
In Salem v. New York University, Judge Caproni granted the motion to dismiss some claims with prejudice and others without prejudice, allowing amendment.
Ali Salem’s claims against New York University, Raquel Cooper, and Peter Voltz were affected. The claims against Cooper and Voltz, and the Section 1981 and negligent-supervision claims, were dismissed with prejudice; Salem’s Title VI and New York human-rights claims against NYU were dismissed without prejudice, with an opportunity to seek leave to amend.
What happened
Ali Salem, representing himself, sued New York University, Raquel Cooper, and Peter Voltz. He asserted claims under federal and New York civil-rights laws and alleged that NYU negligently supervised its employees. During the case, he withdrew some claims and all claims against Cooper and Voltz.
The defendants moved to dismiss the complaint for failing to state a legal claim. Magistrate Judge Cave recommended dismissing the withdrawn claims and the claims against Cooper and Voltz with prejudice, while dismissing Salem’s remaining claims against NYU without prejudice and allowing him to seek permission to amend his complaint. Neither side objected to that recommendation.
In Salem v. New York University, Judge Valerie Caproni adopted the recommendation in full. The court granted the motion to dismiss with prejudice as to the Section 1981 and negligent-supervision claims and all claims against Cooper and Voltz, and granted it without prejudice as to the Title VI, New York State Human Rights Law, and New York City Human Rights Law claims against NYU. Salem could move to file an amended complaint by June 16, 2023; the court also denied permission to appeal without paying filing fees.
The detailed version
- Salem v. New York University · No. 1:22-cv-05112
- Valerie Caproni
- May 17, 2023
Background
Ali Salem, proceeding without a lawyer, sued New York University (NYU), Raquel Cooper, and Peter Voltz. He asserted claims under Title VI of the Civil Rights Act of 1964, Section 1981, the New York State Human Rights Law, and the New York City Human Rights Law. He also alleged that NYU negligently supervised its employees.
The defendants moved under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal for failure to state a claim. Salem opposed the motion and withdrew his Section 1981 claim, his negligent-supervision claim against NYU, and all claims against Cooper and Voltz.
Report and recommendation
Magistrate Judge Cave recommended that the court grant the motion to dismiss with prejudice as to Salem’s Section 1981 and negligent-supervision claims and all claims against Cooper and Voltz. The recommendation also advised granting the motion to dismiss without prejudice as to Salem’s Title VI, New York State Human Rights Law, and New York City Human Rights Law claims against NYU, while allowing Salem to seek permission to file an amended complaint.
The parties had fourteen days to object to the recommendation, but neither party filed objections. Judge Caproni reviewed the recommendation for clear error and found none.
Ruling
Judge Valerie Caproni adopted the recommendation in full. The court granted the defendants’ motion to dismiss with prejudice as to Salem’s Section 1981 and negligent-supervision claims and his claims against Cooper and Voltz. It granted the motion to dismiss without prejudice as to his Title VI, New York State Human Rights Law, and New York City Human Rights Law claims against NYU.
Salem was permitted to move for leave to file an amended complaint by June 16, 2023, and any such motion had to include the proposed amended complaint. The Clerk was directed to terminate Cooper and Voltz from the docket and close the pending motion. Because neither party objected after receiving notice of the consequences, the court stated that appellate review was precluded. It also denied permission to proceed without paying appellate filing fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.