X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Pro se Plaintiff Enock Nyamoti sues Defendants the Mount Sinai Hospital (“Mount Sinai”); NYC Health + Hospitals (“NYC Health”); and the Physician Affiliate Group of New York (“PAGNY”) on the ground that Defendants sought to compel Plaintiff to get vaccinated against COVID-19 despite his request for a religious exemption. The amended complaint asserts that Defendants violated a court order in another matter. It also asserts a cause of action under 42 U.S.C. §1983 that Defendants violated the Free Exercise Clause of the First Amendment. Defendants NYC Health and PAGNY move to dismiss the amended complaint as unripe. That motion is denied. Defendant Mount Sinai moves to dismiss the amended complaint for failure to state a claim. That motion is granted. I. Background The following background comes from the allegations in the amended complaint, which “are assumed to be true.” Hamilton v. Westchester Cnty., 3 F.4th 86, 90-91 (2d Cir. 2021). A. Factual Background The amended complaint alleges that Plaintiff Enock Nyamoti is a registered nurse anesthetist affiliated with the Mount Sinai Hospital and the Physician Affiliate Group of New York. (See Dkt. No. 12 (“Am. Compl.”) 1.) He works at an NYC HHC Hospital in Elmhurst, Queens as well as the Jacobi Medical Center. (See Am. Compl. 3.) The amended complaint alleges that after the imposition of “The Vaccine Mandate,” Plaintiff “attempted to obtain a religious exemption from his hospital, based on [his] religious beliefs.” (See Am. Compl. 4.) Specifically, Plaintiff asserts that he “cannot consent to be inoculated, ‘continuously’ or otherwise, with vaccines that were tested, developed or produced with fetal cells…derived from procured abortions.” (Am. Compl. 5.) Plaintiff alleges that his request for a religious exemption was denied. (See Am. Compl. 4.) Plaintiff was “advised by management…not to come to work”; he would “be deemed to have ‘voluntarily resigned.’” (Am. Compl. 4.) B. Procedural History Plaintiff brought this action on September 27, 2021. (See Am. Compl.) The amended complaint primarily asserts two claims. First, it asserts that a federal judge in the Northern District of New York has restrained all health care employers in the State of New York from mandating COVID-19 vaccination without considering religious exceptions, and Defendants have violated this court order. (See Am. Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›