Case: Richards v. City of New York

1:99-cv-03416 | U.S. District Court for the Southern District of New York

Filed Date: May 11, 1999

Closed Date: 2000

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Case Summary

On May 11, 1999, a former employee of the New York Police Department filed this lawsuit in the U.S. District Court of the Southern District of New York. The Plaintiff sued the New York City Police Department and Mayor Giuliani, seeking to convert the Plaintiff's prior actions into a class action and broaden those claims to assert "every kind of discrimination available under the law," including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e). The Plaintiff filed the complaint pro se. The Plaintiff alleged that a large number of employees of the Police Department engaged adverse actions against the Plaintiff between 1983 and May 1999. According to the Plaintiff, these actions involved termination of her employment, failure to promote, failure to accommodate a disability, unequal terms and conditions of employment, and other acts based on Plaintiff's race, gender/sex, national origin, age, disability, color and religion. This case was assigned to Magistrate Judge Francis and Judge Robert P. Patterson. Richards v. City of New York, 2000 WL 20697 (S.D.N.Y. Jan. 12, 2000).

The origins of this lawsuit began on October 16, 1998, when the Plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC) alleging various forms of discrimination against the same defendant. In December 1998, the EEOC issued a right to sue letter to the Plaintiff.

On January 22, 1999, the court partially granted the Defendants' motion for summary judgment and dismissed the majority of the Plaintiff's claims as time-barred, among other reasons. One of the specific issues litigated in this first lawsuit was the Plaintiff's claim that the Defendants retaliated against her for filing EEOC claims of discrimination by discharging her. This claim along with the remaining claims were tried by a jury. The jury reached a verdict for the Defendants on May 14, 1999.

After the loss in the first case, the Plaintiff filed this lawsuit. In addition to the broadening of her previous claims as described in the first paragraph, the Plaintiff again claimed that the Defendants retaliated against her for filing the first lawsuit with the EEOC.

On November 8, 1999, the Defendants filed a motion to dismiss, which was based on three assertions:

(1) the majority of Plaintiff's claims were barred by principles of res judicata and collateral estoppel or barred by the 300-day time constraints applicable to the Charge filed with the EEOC on October 16, 1998;
(2) the complaint fails to meet the requirements of Rule 8 of the Federal Rules of Civil Procedure; and
(3) the remaining paragraphs of the complaint fail to state a claim upon which relief might be granted.

On January 12, 2000, Judge Patterson granted this motion to dismiss on the theory that the Plaintiff's complaint contained a reiteration of the same claims of discrimination that she had alleged in the first lawsuit. Judge Patterson therefore ruled that the Plaintiff is barred from relitigating the same claims on principles of estoppel. The case is now closed. Richards v. City of New York, 2000 WL 20697 (S.D.N.Y. Jan. 12, 2000).

Summary Authors

Lisa Koo (3/21/2019)

People

Judge(s)

Patterson, Robert Porter Jr. (New York)

Judge(s)

Patterson, Robert Porter Jr. (New York)

Documents in the Clearinghouse

Documents in this case

1:99-cv-03416	Docket [PACER]	July 18, 2002	July 18, 2002 Docket
25 1:99-cv-03416	Opinion and Order	Jan. 12, 2000	Jan. 12, 2000 Order/Opinion 2000 WL 20697

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Docket

Last updated March 27, 2025, 8:24 a.m.

ECF Number	Date	Description	Link
1	May 11, 1999	DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by Velma Richards (bm) (Entered: 05/13/1999)	PACER
2	May 11, 1999	COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (bm) (Entered: 05/13/1999)	PACER
	May 11, 1999	Magistrate Judge Francis is so Designated. (bm) (Entered: 05/13/1999)	PACER
3	May 20, 1999	ORDER, with respect to petitioner's incomplete financial declaration to proceed in forma pauperis; the Court grants plntf one week to submit a complete financial declaration detailing her source(s) of income, assets, and monthly expenses. If plntf fails to submit a complete financial declaration within one week from the date of this order, I direct plntf to sumbit the $150.00 filing fee within one week or the case will be dismissed ( signed by Judge Robert P. Patterson ); Copies mailed (cd) (Entered: 05/20/1999)	PACER
4	May 20, 1999	DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by Velma Richards (jp) (Entered: 05/21/1999)	PACER
5	June 3, 1999	ORDER, in plntf's application to proceed in forma pauperis received by the Pro Se Office on 2/18/99 and fld on 5/17/99, plntf indicated in item 3(c) that she had received money from "Pensions, annuites, or life insurance payments" within the past 12 months. In her second application to proceed in forma pauperis fld on 5/20/99, plntf omits any explanation of that entry. Plntf is directed to explain whatever payments she received from "Pensions, annuities, or life insurance payments" in the one year preceding 2/18/99, or to pay the $150.00 filing fee within one week or the case will be dismissed ( signed by Judge Robert P. Patterson ); Copies mailed (cd) (Entered: 06/04/1999)	PACER
6	June 11, 1999	Memo endorsed on order to show cause; application denied as not in conformity with Local Civil Rule 6.1 ( signed by Judge Robert P. Patterson ); Copies mailed. (jp) (Entered: 06/14/1999)	PACER
8	June 15, 1999	Letter filed by Velma Richards addressed to Judge Patterson, dated 6/8/99, from Velma Richards re: the answer to 3c, please see the top of page 2, May 20 1999 IFP applicaton (attached); docket &file as per chmbrs. (ls) Modified on 06/16/1999 (Entered: 06/16/1999)	PACER
9	Aug. 18, 1999	RETURN OF SERVICE executed as to City of NY Dept Pol by Cycerl Fair on 8/4/99 Answer due on 8/24/99 for City of NY Dept Pol (cd) (Entered: 08/20/1999)	PACER
9	Aug. 18, 1999	RETURN OF SERVICE executed as to Mayor Giuliani by William Frankel on 7/29/99 Answer due on 8/18/99 for Mayor Giuliani (cd) (Entered: 08/20/1999)	PACER
10	Sept. 1, 1999	Filed Memo−Endorsement on letter addressed to Judge Patterson from William S.J. Fraenkel, dated 08/31/99, reset answer due for 11/1/99 for Mayor Giuliani, for City of NY Dept Pol . (signed by Judge Robert P. Patterson); Copies mailed. (djc) (Entered: 09/02/1999)	PACER
11	Nov. 8, 1999	NOTICE OF MOTION by City of NY Dept Pol, Mayor Giuliani for an order dismissing the action , Return date not indicated. (ri) (Entered: 11/09/1999)	PACER
12	Nov. 8, 1999	MEMORANDUM OF LAW by City of NY Dept Pol, Mayor Giuliani in support of [11−1] motion for an order dismissing the action. (ri) (Entered: 11/09/1999)	PACER
13	Nov. 9, 1999	Memo−Endorsement on letter addressed to Judge Patterson from Velma Richards, dated 11/5/99, plaintiff's request a conference regarding an application for default judgment on 11/11/99 or at your earliest convenience; Application granted, conference 11/12/99 at 9 a.m . (signed by Judge Robert P. Patterson); Copies mailed. (ri) (Entered: 11/09/1999)	PACER
14	Nov. 9, 1999	Memo−Endorsement on letter addressed to Judge Patterson from William S.J. Fraenkel, dated 11/08/99; defendants write to inform the Court that on 11/8/99 they will serve &file a motion to dismiss this action; application to serve motion out of time is granted . ( signed by Judge Robert P. Patterson ); Copies mailed. (pl) (Entered: 11/10/1999)	PACER
	Nov. 15, 1999	Pretrial Conference held before Judge Robert P. Patterson. Motion to dismiss filed 11/8/99, answer by 12/15/99, reply 12/24/99. (sn) (Entered: 11/17/1999)	PACER
	Nov. 15, 1999	Deadline(s) updated: Response to motion reset to 12/15/99 for [11−1] motion for an order dismissing the action , Reply to Response to Motion reset to 12/24/99 for [11−1] motion for an order dismissing the action . (sn) (Entered: 11/17/1999)	PACER
15	Nov. 16, 1999	SCHEDULING ORDER; this action is referred for mediation; dispositive motions fld. on 11/8/99, answer by 12/15/99, reply by 12/24/99; ( signed by Judge Robert P. Patterson ); copies mailed; on 11/17/99 forwarded copy of document to Mediation Clerk (ls) (Entered: 11/17/1999)	PACER
16	Nov. 17, 1999	NOTICE OF MOTION by Velma Richards, for an order pursuant to Rule 23 FRCP granting certifcation of the Class Action , Return date 11/23/99. (Affirmation of Velma Richards in support attached) (ri) (Entered: 11/19/1999)	PACER
17	Nov. 17, 1999	NOTICE OF MOTION by Velma Richards, for an order pursuant to Rule 53 FRCP granting the application of a Private Master to report as to just compensation or damages, and discovery , Return date 11/23/99 (Affirmation of Velma Richard in support attached) (ri) (Entered: 11/19/1999)	PACER
18	Nov. 24, 1999	MEMORANDUM OF LAW by City of NY Dept Pol, Mayor Giuliani in opposition to [17−1] motion for an order pursuant to Rule 53 FRCP granting the application of a Private Master to report as to just compensation or damages, and discovery, [16−1] motion for an order pursuant to Rule 23 FRCP granting certifcation of the Class Action (cd) (Entered: 11/30/1999)	PACER
19	Nov. 30, 1999	NOTICE OF MOTION by Velma Richards; for class certification − definition ; Return date 11/30/99. Statement of pltff in support of motion attached. (jp) (Entered: 12/02/1999)	PACER
21	Dec. 1, 1999	Memo endorsed on certificate of service; by City of New York Department of Police, Mayor Giuliani, plaintiff will have until 12/3/99 to serve reply papers to [20−1] motion for the appointment of a probate master, [19−1] motion for certification − definition, [17−1] motion for an order pursuant to Rule 53 FRCP granting the application of a Private Master to report as to just compensation or damages, and discovery, [16−1] motion for an order pursuant to Rule 23 FRCP certifcation of the Class Action . (signed by Judge Robert P. Patterson); Copies mailed. (ri) Modified on 12/03/1999 (Entered: 12/02/1999)	PACER
22	Dec. 7, 1999	ORDER; that pltff is appearing in this action pro se and is not an attorney. Accordingly, she may not appear on another person's behalf ; denying [20−1] motion for the appointment of a probate master; pltff is again directed to consult with the Pro Se Office of this Court so that any claims she has may be presented in as effective manner as possible . ( signed by Judge Robert P. Patterson ); Copies mailed. (jp) (Entered: 12/08/1999)	PACER
23	Dec. 13, 1999	MEMORANDUM OF LAW by Velma Richards in opposition to [11−1] motion for an order dismissing the action (sac) (Entered: 12/16/1999)	PACER
24	Dec. 21, 1999	Letter filed by City of NY Dept Pol, Mayor Giuliani addressed to Judge Patterson from William S.J. Fraenkel, dated 12/17/99; Re: counsel writes to inform the Court that the defts elect not to submit a memorandum of law in reply to ptlff's opposition to defts' motion to dismiss and will rely on their orig. submissions. (sac) (Entered: 12/22/1999)	PACER
25	Jan. 12, 2000	OPINION and ORDER #83321; granting [11−1] motion for an order dismissing the action. Enter Judgment. (signed by Judge Robert P. Patterson); Copies mailed. (Docmt to Jgm. Clk.) (djc) Modified on 01/12/2000 (Entered: 01/12/2000)	PACER
26	Jan. 13, 2000	JUDGMENT; for the reasons stated in the Court's Opinion (83321) and Order dated 1/10/00, defts' motion to dismiss is granted. (James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 1/14/00. (sn) (Entered: 01/14/2000)	PACER
	Jan. 13, 2000	Case closed. (sn) (Entered: 01/14/2000)	PACER
27	Jan. 27, 2000	NOTICE OF APPEAL by Velma Richards ; from [26−1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Corporation Counsel. (I.F.P. Granted 6/15/99). (dt) (Entered: 02/10/2000)	PACER
	Feb. 10, 2000	Notice of appeal and certified copy of docket to USCA: [27−1] appeal by Velma Richards ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 02/10/2000)	PACER
28	Feb. 14, 2000	Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [27−1] appeal by Velma Richards. (dt) (Entered: 02/14/2000)	PACER
	Feb. 14, 2000	Indexed record on appeal files sent to the U.S.C.A. (dt) Modified on 02/14/2000 (Entered: 02/14/2000)	PACER
29	April 5, 2000	Transcript of record of proceedings before Judge Robert P. Patterson for the date of 11/15/00. (ri) (Entered: 04/05/2000)	PACER
	July 18, 2002	Record on appeal files (00−7163) returned from U.S. Court of Appeals: [27−1] appeal by Velma Richards (pr) (Entered: 07/31/2002)	PACER

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Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 11, 1999

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A former employee of the New York City Police Department.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City

New York City

Other

Department of Police

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Commerce Power

Other Dockets:

Southern District of New York 1:99-cv-03416

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Demotion

Discharge / Constructive Discharge / Layoff

Discrimination Basis:

Age discrimination

National origin discrimination

Race discrimination

Religion discrimination

Sex discrimination

EEOC-centric:

Recommended Citation

Case Summary of Richards v. City of New York, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10820/ (last updated 3/21/2019).