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Schussler v. Department of Education

Summary Judgment Denied, Questions as to Whether Jewish Teacher Faced Discrimination

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50sss, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 were read on this motion for SUMMARY JUDGMENT. DECISION + ORDER ON MOTION With the instant motion, Defendants New York City Department of Education (“DOE”) and Lisa Luft (“Luft”)(Collectively “Defendants”) move, pursuant to CPLR §3212, for summary judgment and an order dismissing Plaintiff Johnathan Schussler’s (“Plaintiff”) complaint as against them. Plaintiff opposes the motion. For the reasons stated herein, Defendants’ motion is denied. BACKGROUND Plaintiff is a former New York City school teacher at Felisa Rincón de Gautier Institute for Law and Public Policy (“Rincón”). Plaintiff previously worked for the DOE from 2001-2005 and returned to the DOE in 2010 as a substitute teacher and worked in various schools (NYSCEF Doc No. 38, statement of material facts

6-7). In 2014, Plaintiff began working as a probationary social studies teacher at Rincón (id. 8). Wilson was the principal of Rincón when Plaintiff started. Non-party Avis Terell (“Terell”) served as interim principal from March-April 2016 and Luft became acting principal on May 3, 2017 (id.

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