Powell v. Maldonado

MEMORANDUM AND ORDER This is the fifth case that 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-2638 (RPK) (PK); Powell v. N.Y. State Dep’t of Educ., No. 18-CV-7022 (RPK) (PK); Powell Bey v. Westbury Union Free Sch. Dist., 21-CV-2048 (RPK) (PK). Plaintiff’s original complaint was dismissed for lack of subject-matter jurisdiction, with leave to amend. See Mem. & Order (Dkt. #93). Because plaintiff still fails to establish subject-matter jurisdiction, his amended complaint is dismissed, without leave to amend. BACKGROUND The Court assumes the parties’ familiarity with the factual background of plaintiff’s claims, as set out in the Court’s prior order. See Mem. & Order 2-4. The facts alleged in plaintiff’s complaint and amended complaint are assumed true for the purpose of this decision. Plaintiff, proceeding pro se, filed his original complaint in February 2023, bringing claims of negligence and negligent hiring, supervision, and retention against Lisa Maldonado, Ann Alexander, and the Westbury Union Free School District (collectively, the “District Defendants”), the New York State Department of Education, and the Westbury Teachers Association. See Compl.

3-8; 90-117 (Dkt. #1). The complaint also asserted “against plaintiff” a “sexual battery” claim wherein he denies having “cause[d] harm and offensive bodily sexual contact upon the person of defendants,” specifically Maldonado and Alexander. Id.