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Roth v. Farmingdale Union Free Sch. Dist.

First Amendment Retaliation Claim Is Mooted by Expiration of Property Access Suspension

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MEMORANDUM AND ORDER Plaintiff Jeff Roth sues defendant Farmingdale Union Free School District (“the District”), challenging a two-year suspension from District property. For the reasons that follow, the case is dismissed as moot. BACKGROUND On May 9, 2018, the District suspended plaintiff’s access to its property for two years. Decl. of Vernée C. Pelage, Ex. WWWWWW (Dkt. #55-152) (“May 9, 2018 Letter”). Two-and-a-half months later, plaintiff filed this suit in response. See Compl. (Dkt. #1). This is plaintiff’s second lawsuit against the District and his fourth suspension. See Decl. of Vernée C. Pelage, Ex. KKKKK (Dkt. #55-115) (first suspension); id., Ex. OOOOO (Dkt. #55-119) (second suspension); id., Ex. TTTTT (Dkt. #55-124) (third suspension); Roth v. Farmingdale Pub. Sch. Dist., No. 14-CV-6668 (JFB) (ARL), 2017 WL 395211, at *14-19 (E.D.N.Y. Jan. 30, 2017) (“Roth I”). The prior litigation, which involved a challenge to earlier suspensions, resulted in a ruling on the merits in the District’s favor. See Roth I, 2017 WL 395211, at *14, *20. After filing this suit, plaintiff amended his complaint, see Am. Compl. (Dkt. #14), and then retained counsel, see Notice of Appearance (Dkt. #27). On July 19, 2019, then-presiding Judge Donnelly dismissed plaintiff’s amended complaint. See Mem. Decision & Order 10 (Dkt. #35). However, since plaintiff had filed his first two complaints while pro se, she granted him leave to file a third. Ibid. Now counseled, plaintiff filed the operative Second Amended Complaint. See Am. Compl. Corrected (Dkt. #38) (“Second Am. Compl.). Mr. Roth now asserts a single First Amendment retaliation claim against the District, alleging that he was suspended in May 2018 “solely [for] the viewpoints that [he] expressed” at District board meetings. Id.

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