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Sce v. NYC

NYPD Sergeant Fails on Prima Facie Discrimination Case Based on Failure to Promote Claims

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MEMORANDUM & ORDER   Plaintiff Andre Scé, a sergeant with the New York City Police Department (“NYPD”), brings this employment discrimination action against the City of New York (the “City”), Deputy Inspector Sylvester Ge, Inspector Steven D’Ulisse, Deputy Chief Paul Ciorra, Captain Timothy Morgan, and Lieutenant Peter Sallie (collectively, “Defendants”). Scé contends that Defendants subjected him to race-based discrimination and retaliation during his tenure as a member of the NYPD Highway Patrol (“Highway”). Defendants move for summary judgment dismissing the claims in Scé’s Second Amended Complaint. (ECF No. 49 (“SAC”).) They also move to dismiss new allegations advanced in Scé’s Third Amended Complaint.1 (ECF No. 108 (“TAC”).) For the reasons that follow, Defendants’ motions for summary judgment and to dismiss the Third Amended Complaint are granted. BACKGROUND I. Summary Judgment Claims in the Second Amended Complaint Scé self-identifies as a mixed race, African-American. (Pl.’s Rule 56.1 Counterstatement, ECF No. 126-22 (“Pl.’s 56.1″), 119.) After graduating from the NYPD Training Academy in January 2004, Scé became a full-time police officer. (Pl.’s 56.1

3-5.) In 2007, he began working at Highway. (Pl.’s 56.1

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