Opinion
00 Civ. 4207 (LAK)
October 30, 2000
ORDER
This is an action for race, national origin and religious discrimination in employment in which the complaint asserts that the action is brought "pursuant to Title VII of the Civil Rights Act of 1964 . . ., Title 42 U.S.C. § 1981 and/or 1983, and other laws." (Cpt ¶ 1) The defendant has filed a third party complaint against the employee who is the principal focus of the incidents alleged in the complaint. It seeks indemnification or contribution. The third party defendant moves to dismiss the third party complaint on the ground that contribution and indemnity are unavailable under Title VII and 42 U.S.C. § 1981. E.g., Anderson v. Local Union No. 3, Int'l Bhd. of Elec. Workers, AFL-CIO, 751 F.2d 546, 548-49 (2d Cir. 1984).
Defendant concedes the unavailability of contribution or indemnity under Title VII and Section 1981 as well as the unavailability of contribution in Section 1983 cases. It argues, however, that indemnity should be available in Section 1983 cases because it would shift the financial onus of misconduct to the person responsible for it.
The third party defendant makes essential two responses. He contends that plaintiff has no viable Section 1983 claim against the defendant. In any case, he contends, indemnity would be inappropriate on a Section 1983 claim, as Monell v. Dept. of Social Service, 463 U.S. 658 (1978), would permit liability of the defendant only if the discrimination were the product of its own failures.