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Powell v. Maldonado

Court's Federal Question, Diversity Jurisdiction Inadequately Asserted in Firing Action

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MEMORANDUM AND ORDER This is the fourth case that pro se plaintiff Darnel Powell has brought alleging that he was wrongfully terminated from his job as a middle school principal. See Powell v. Westbury Union Free Sch. Dist., No. 12-CV-1179 (JS) (AKT); Powell v. N.Y. State Dep’t of Educ., No. 18-CV- 7022 (RPK) (PK); Bey v. Westbury Union Free Sch. Dist., 21-CV-2048 (RPK) (PK). Plaintiff brings claims against Lisa Maldonado, Ann Alexander, Westbury Teachers Association, Westbury Union Free School District, Westbury Union Free School Free Board of Trustees, and the New York State Department of Education, alleging sexual battery, negligence, and negligent hiring, supervision, and retention. See Compl. (Dkt. #1). The defendants have moved to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1), 12(b)(5), and 12(b)(6). See Maldonado Mem. in Supp. of Mot. to Dismiss (Dkt. #25); NYSED Mem. in Supp. of Mot. to Dismiss (Dkt. #37-1); WTA Mem. in Supp. of Mot. to Dismiss (Dkt. #40). For the reasons stated below, the defendants’ motions to dismiss are granted. BACKGROUND The following facts are drawn from the complaint and assumed true for the purposes of this order. During the 2008-2009 school year, plaintiff was a principal at Westbury Middle School. See Compl. 25. That year, Lisa Maldonado, a guidance counselor at the school, accused plaintiff of sexual harassment. Id.

13, 20, 41. The school district appointed an assistant superintendent, Dr. Root, to investigate the allegation. Id. 21. Dr. Root was unable to find sufficient evidence to support a finding of wrongdoing but recommended the appointment of an independent investigator. Id. 24. The school district then hired a law firm, Black & Black, as an independent investigator. Id. 28. Plaintiff alleges that the district hired the independent investigator under the “influence and pressure” of Michael Burger, a teacher’s union member who allegedly “led a defamatory campaign against” plaintiff “for the sole purpose of securing [his] termination.” Id.

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