Rosu v. City of New York, et al., No. 13-243 (2d Cir. 2014)Annotate this Case
Plaintiff appealed the district court's dismissal of his complaint for failure to state a claim, arguing that the procedures employed by the Commission in investigating, evaluating, and resolving his claim of discrimination violated due process. As defendants did not have a duty to perform any activity that they allegedly failed to perform, the court agreed with the district court that not performing such actions was not a violation of the process to which plaintiff was entitled. Further, the court rejected plaintiff's argument that the Commission's procedures facially violated due process. The court held that the procedures of the Commission, which included administrative and judicial review, satisfied due process and affirmed the judgment of the district court.