Will a discrimination complaint, drafted by an attorney on behalf of a paraprofessional, that a court finds to contain numerous errors and insufficiencies, be dismissed?

Yes. Barry Maynard, a paraprofessional at John F. Kennedy High School, commenced a discrimination action against the DOE and several named defendants including the principal, Lisa Luft. Maynard alleged, in his complaint, that after serving several years of satisfactory service “a female student told her guidance counselor that he had been harassing her and another student by asking the girls to spend time with him away from school.” During the investigation an OSI investigator allegedly told Maynard that “since Obama became President, you people think you can get away with anything.”

The investigation resulted in Maynard being dismissed.

The DOE and City moved to dismiss the complaint and the Court agreed.

The Court wrote, “Plaintiff’s complaint is no model of clarity. Plaintiff is represented by counsel, but I have received complaints from pro se plaintiffs that are more “professional.” For example, the Complaint in multiple instances describes Plaintiff–a male–with female pronouns. It refers to a gender discrimination claim, although Plaintiff only advances a race discrimination claim. I can read it clearly enough, however, to ascertain that it should be dismissed.”

The Court found numerous pleading errors and insufficiencies and dismissed the claim in its entirety.

Maynard v City of New York

Advertisements

One thought on “Will a discrimination complaint, drafted by an attorney on behalf of a paraprofessional, that a court finds to contain numerous errors and insufficiencies, be dismissed?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s