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Torres v. N.Y.C. Dep't of Educ.

ADA, §1983 Claims Dismissed; 'Monell' Liability, Adverse Employment Action Not Shown

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MEMORANDUM & ORDER Plaintiff Sabato Torres, a teacher at a New York City Department of Education (“DOE”) school, brings this action against the NYC DOE pursuant to the Americans with Disabilities Act, 42 U.S.C. §§12101, et seq. (the “ADA”); 42 U.S.C. §1983; the New York State Human Rights Law, N.Y. Exec. Law §290, et seq. (“NYSHRL”); and the New York City Human Rights Law, N.Y.C. Admin. Code §§8-101 et seq. (“NYCHRL”). (Am. Compl. (Dkt. 14).) Plaintiff claims that he was denied a medical hardship transfer and denied permission to return to work from a leave of absence because of his alleged disability, Post-Traumatic Stress Disorder (“PTSD”), and in retaliation for complaining about discrimination. (Id.) Before the court is Defendant’s motion for a judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). (See Def. Mot. for a Judgment on the Pleadings (“Mot.”) (Dkt. 17).) For the reasons stated below, Defendant’s motion is GRANTED IN PART and DENIED IN PART.I. BACKGROUNDPlaintiff, a Caucasian male, began working for Defendant around April 2002. (Am. Compl.

7-8.) In August 2014, he was hired to work at P.S./I.S. 295Q as a seventh-and-eighth grade math teacher. (Id.9.) The school’s principal, Deon-Lavigne Jones was African-American. (Id.

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