313 F. Supp. 3d 386
E.D.N.Y2018Background
- Robert Cincotta, a tenured white male Director of Athletics, Physical Education and Health for Hempstead UFSD, was excessed (position eliminated) by the Board in June 2013 as part of the 2013–14 budget; he was recalled to a broadened version of the role in August 2015.
- Superintendent Johnson proposed the budget that removed Cincotta’s position; the Board voted to approve the budget and terminated multiple positions on a single consent docket; Cincotta’s was the only statewide‑mandated districtwide administrative position eliminated.
- District financial stress and a goal to limit budget growth (allegedly to under 2%) underlay the budget process, but the approved 2013–14 budget nevertheless increased ~2.99% over the prior year; the District reallocated or filled duties among existing staff (two people assumed Cincotta’s duties) and reported cost savings.
- Cincotta alleges racial and age discrimination under § 1983 (Equal Protection) and a Monell claim against the District; he produced evidence of racially charged remarks by at least one Board member (Cross) and that the Board and Superintendent were majority African‑American.
- Defendants moved for summary judgment arguing (1) individual defendants have legislative immunity for the budget/ vote; (2) no prima facie discrimination (age or race); (3) legitimate nondiscriminatory budgetary reasons; and (4) Monell fails for lack of policy/custom.
- Court granted summary judgment for individual defendants on the basis of absolute legislative immunity but denied summary judgment on the Monell claim against the District for racial discriminatory termination; age‑based and failure‑to‑hire claims were dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether individual board members and the superintendent are entitled to absolute legislative immunity for voting to excess Cincotta’s position | Cincotta: vote was an administrative personnel decision directed at him, not legislative policy | Defs: vote was part of budgetary, discretionary policymaking eliminating positions to reduce costs | Held: Defendants entitled to absolute legislative immunity; Board vote was legislative in function |
| Whether Cincotta made out a prima facie age discrimination claim based on excessing and subsequent hires | Cincotta: age was a motivating factor in decision to excess him | Defs: replacements were older or similarly aged; no comparator showing age‑based disparate treatment | Held: Prima facie age claim fails; summary judgment for defendants on age claim |
| Whether Cincotta made out a prima facie racial discrimination claim and showed pretext for budget reason | Cincotta: racially charged remarks by Board member(s), Board majority not in his race, replacement included person of different race, suspicious budgeting choices | Defs: legitimate nondiscriminatory budget reasons; savings shown; replacements lawful; remarks by non‑decisionmakers irrelevant | Held: Court found triable issues: prima facie case and sufficient circumstantial evidence of pretext survive summary judgment |
| Whether the District is liable under Monell for the alleged discriminatory termination | Cincotta: single official action by final policymaker (the Board) can establish municipal policy causing constitutional violation | Defs: no policy or custom proving municipal liability; action was legitimate budgetary governance | Held: Monell claim survives because Board is final policymaker and factual disputes on discriminatory motive remain |
Key Cases Cited
- Bogan v. Scott‑Harris, 523 U.S. 44 (1998) (budgetary votes and termination of positions are legislative acts entitled to absolute immunity)
- Harhay v. Town of Ellington Bd. of Educ., 323 F.3d 206 (2d Cir. 2003) (local legislators entitled to legislative immunity for legislative activity; personnel decisions may be nonlegislative when directed at a single individual)
- Almonte v. City of Long Beach, 478 F.3d 100 (2d Cir. 2007) (legislative immunity applies to votes terminating budget lines that eliminate positions)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 requires an official policy, custom, or failure to train causing constitutional violation)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard and burdens of production)
- Holcomb v. Iona College, 521 F.3d 130 (2d Cir. 2008) (elements of prima facie employment discrimination claim)