Plaintiff Kenneth King brings this action against defendants the Town of Wallkill (the “Town”), an incorporated municipality and: (1) Robert Henneman, the Town’s former acting police chief; (2) Thomas Nosworthy, the Town’s former supervisor; (3) John Beairsto, another former acting Town police chief; (4) Robert Hertman, the Town’s present police chief; and (5) John Ward, present supervisor of the Town. (Complt. 1-7.) Henneman, Nosworthy, Beairsto, Hertman and Ward are named in their individual capacities (collectively the “individual defendants”). (Id.) Plaintiff, a former Town police officer, seeks compensatory and punitive damages and attorneys’ fees, claiming that defendants: (1) violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12101 et seq. and the New York State Human Rights Law (“NYHRL”), N.Y. Exec. Law §§293-96, by failing reasonably to accommodate his disability by providing him with light-duty assignments and terminating his N.Y. Gen. Mun. Law §207-c benefits; (2) violated the ADA and the NYHRL by retaliating against him because of his complaints; and (3) violated the Fifth and Fourteenth Amendments to the United States Constitution by taking his property without just compensation, a claim brought pursuant to 42 U.S.C. §1983.[1] (Id. 55-60.) Defendants counterclaim for $100,000 because they allege that plaintiff received from the Town disability benefits to which he was not entitled. (Answer 67-74.)
Defendants now move for summary judgment pursuant to Fed. R. Civ. P. 56 dismissing counts one and two of plaintiff’s Complaint and granting recovery on their counterclaim. Defendants also move for summary judgment dismissing plaintiff’s claims against the individual defendants, contending that individuals are not subject to liability under the ADA and the NYHRL. For the reasons set forth herein, we grant defendants’ motion for summary judgment in part and dismiss count one of plaintiff’s Complaint. We deny defendants’ motion for summary judgment as to count two of the Complaint. We grant individual defendants’ motion for summary judgment dismissing plaintiff’s claims pursuant to the ADA, but deny it with respect to plaintiff’s NYHRL retaliation claim. With respect to the Town’s counterclaim, we grant defendants’ motion for summary judgment as to liability, but deny that motion as to damages.
