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DuBois v. Bedford-Flatbush Chiropractic PC

Court Rejects Claim Defendants Acted Under Color of State Law, as Agents to Breach Rights

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MEMORANDUM AND ORDER   Plaintiff Serge DuBois, proceeding pro se, asserts claims pursuant to 42 U.S.C. §§1981 and 1983, and New York state law, against Defendants Bedford-Flatbush Chiropractic, P.C., Dr. Jeffrey S. Rosner, and Dr. Alan S. Rosen for fraud, racial discrimination, civil rights violations, and sexual harassment.1 Defendants move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the amended complaint in its entirety for failure to state a claim. BACKGROUND2 Plaintiff is a Black Haitian. (Aff. Supp. Am. Compl. (“Aff.”) 8(a), ECF No. 22.3) On November 13, 2017, Plaintiff sustained an on-the-job injury while working for the United States Postal Service (“USPS”). (Id. 3.) On November 28, 2017, he filed a claim for workers’ compensation under the Federal Employees’ Compensation Act (“FECA”). (Am. Compl., Ex. B at 37.4) Bedford-Flatbush Chiropractic contracted with two government agencies — the New York Department of Labor and the Office of Workers Compensation Programs (“OWCP”) — to provide medical care and treatment to employees of USPS who are injured on the job, as required by FECA. (Aff. 1.) Rosner and Rosen are business partners at Bedford-Flatbush Chiropractic and are white. (Id.

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