U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Sep 2, 2008

U.S. District Court, Western District of New York

Job Discrimination

Fair Representation -- Public Employers

Burton v. Niagara Frontier Transportation Authority

08-CV-093

Judge Arcara

Background: The plaintiff commenced action in January 2007 alleging violations of Title VII and the Americans with Disabilities Act. The plaintiff was employed by the defendant and was involved in an off-duty motor vehicle crash in July 2005 and went on a leave of absence. His doctor eventually released him to return to work but his records fell into the hands of NFTA's physician and the plaintiff was discharged for being unfit to work. He sued the employer and the union for failing to provide fair representation in the matter at hand. The plaintiff alleged he was discriminated against because of his sex and disability. The defendants moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The magistrate judge filed a recommendation to dismiss the case upon the defendants' motion; the decision is now before the court.

Ruling: The magistrate found that public employees cannot sue their employers for breaches of collective bargaining agreements; courts have held that subject matter jurisdiction does not exist. The plaintiff's [section]301/fair representation claim also is barred by the six-month statute of limitations. Judge Arcara adopts the recommendations of the magistrate and dismisses the case.

Louis Rosado for the plaintiff, and Susan P. Wheatley, of the Niagara Frontier Transportation Authority Legal Department for the defendant

'Habeas Corpus'

Release

Garcia-Santos v. Kelly

07-CV-699

Judge Arcara

Background: In this habeas action, the magistrate filed a report recommending the granting of the respondents' motion to dismiss the petition as moot and the denial of their motion to dismiss the petition as unexhausted. The petitioner pleaded guilty in Erie County to charges of sexual abuse and was sentenced to 1.3 to four years in prison. The parole board denied early release due to his failure to find an acceptable residence upon release and the petitioner eventually served the entire prison term. He was released in February. The respondent moved to dismiss the petition as moot.

Ruling: The court adopts the recommendations and the case is closed as it is now moot following the petitioner's release. There is no longer a genuine case or controversy before the court so as to confer jurisdiction upon it.

Jose Garcia-Santos, pro se, and Alyson J. Gill, New York State Attorney General's Office, for the respondent.