Correction Officers’ Benevolent Association, Inc., Tiffani Dublin, individually and on behalf of all others similarly situated, Anthony Romano, individually and on behalf of all others similarly situated, Matthew Hines, individually and on behalf of all others similarly situated, Francis Castro, individually and on behalf of all others similarly situated, John and Jane Does 1-2,000, Plaintiffs, v. The City of New York, Mayor Bill De Blasio, New York City Department of Correction, and Commissioner Cynthia Brann1, Defendants
MEMORANDUM OPINION AND ORDERPlaintiff Correction Officers’ Benevolent Association, Inc. (“COBA”), the exclusive bargaining representative for all employees of the New York City Department of Correction (“DOC”) holding the title of “Correction Officer” (“CO”), and COs Tiffani Dublin, Anthony Romano, Matthew Hines, and Francis Castro (collectively “Plaintiffs”) bring this action, in the case of the named COs, both individually and on behalf of others similarly situated, against the City of New York (the “City”), its mayor, Bill De Blasio, the DOC, and Cynthia Brann, the DOC Commissioner (collectively “Defendants”). Plaintiffs claim that Defendants have violated 42 U.S.C. section 1983 (“Section 1983″) by subjecting them to a state-created danger in derogation of their substantive due process rights guaranteed by the Fourteenth Amendment. (Compl., Docket Entry No. 1,7.) Defendants move pursuant to Federal Rule of Procedure 12(b)(6) to dismiss Plaintiffs’ Complaint for failure to state a claim upon which relief can be granted. (Docket Entry No. 35.) The Court has subject matter jurisdiction of this action pursuant to 28 U.S.C. sections 1331 and 1343(a)(3).The Court has reviewed the parties’ submissions carefully and, for the following reasons, grants Defendants’ motion to dismiss Plaintiffs’ Complaint in its entirety.BACKGROUNDThe following facts are drawn from the Complaint. The Court takes these facts as true for the purposes of this motion to dismiss.Defendant DOC is an agency of the City of New York charged with the administration of the City’s jail system, which includes 10 facilities located on Rikers Island in addition to other facilities throughout the City and within two City hospitals. (Compl.15.) The inmate population of the DOC facilities consists of pretrial detainees who have not been convicted or sentenced, and sentenced inmates serving a term of one year or less. (Id.) To effectuate its mission “to ensure the care, custody, and control of persons housed within its facilities,” DOC employs approximately 9,000 COs, who are represented by COBA for bargaining purposes. (Id.
