Buchanan et al v. Jonathan Darche, No. 1:2021cv00660 - Document 30 (S.D.N.Y. 2021)

Court Description: OPINION AND ORDER re: 18 MOTION to Dismiss the Complaint. MOTION to Stay Discovery Pending Disposition of Defendants' Motion to Dismiss the Complaint. filed by The New York City Civilian Complaint Review Board, Ci ty Of New York, Jonathan Darche. For the reasons set forth above, defendants' motion to dismiss the complaint is granted in part and denied in part. Defendant CCRB is dismissed from the action. Plaintiffs' First Amendment claims may proc eed against defendant Darche. Plaintiffs' municipal-liability claim against the City of New York is dismissed. Plaintiffs' claims under the New York State Constitution, New York State Human Rights Law, and New York City Human Rights Law are dismissed as well. As a result, this action shall proceed against the Executive Director of the CCRB on plaintiffs' claims that he unlawfully retaliated against them in violation of the First Amendment. Discovery proceedings should focus on elucidating plaintiffs' functional day-to-day job responsibilities, whether they opposed CCRB policies and practices in furtherance of these duties, and whether their speech led to their November 2020 termination. Matthews, 779 F.3d at 173-74. SO ORDERED. The New York City Civilian Complaint Review Board terminated. (Signed by Judge Sidney H. Stein on 8/23/2021) (jca)