McGinnis v. N.Y. Univ. Med. Ctr.

2 Citing cases

  1. Cayemittes v. N.Y.C. Dep't of Hous. Preservation and Dev.

    974 F. Supp. 2d 240 (S.D.N.Y. 2013)   Cited 35 times
    Holding that denials that are not supported by citations to admissible record evidence are to be disregarded

    That is too long a time period as a matter of law and establishes an independent basis on which to reject Plaintiff's argument that a causal connection exists. McGinnis v. N.Y. Univ. Med. Ctr., No. 09 Civ. 6182(RMB), 2012 WL 5512173, at *4 (S.D.N.Y. Nov. 14, 2012) (“Because Plaintiff's basis for her claim of retaliation is the timing between the filing of her complaint on July 9, 2009 and her termination on February 1, 2010 and because she was subject to an extensive period of progressive discipline prior to the filing of her complaint, she has failed to make out a prima facie case of retaliation.”) (internal quotation marks omitted).

  2. Smith v. Cnty. of Suffolk

    CV 10-1397 (ARL) (E.D.N.Y. Feb. 27, 2013)   Cited 5 times
    Involving racial profiling concerning arrests for unlicensed drivers

    In short, the facts that (i) the disciplinary proceedings into Smith's misuse of a police computer arose out of a pending disciplinary process and (ii) the adverse actions, including his suspension and reassignment, were part of an extensive period of progressive discipline preceding plaintiff's First Amendment retaliation charge preclude reliance on temporal proximity to "make a prima facie case of retaliation." McGinnis v. New York Univ. Med. Ctr., No. 09 Civ. 6182 (RMB), 2012 WL 5512173, at *4 (S.D.N.Y. Nov. 14, 2012); cf. Ayiloge v. City of New York, 00 Civ. 5051 (THK), 2002 U.S. Dist. LEXIS 11807 at *39-40 (S.D.N.Y. June 27, 2002).