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Geer v. Gates Chili Cent. Sch. Dist.

Testimony by EAP Defendant at Teacher's Hearing Is Protected by Absolute Immunity

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DECISION AND ORDER Plaintiff Wesley Geer filed this action in March 2017, alleging that he was terminated from his employment as a high school teacher with the Gates-Chili Central School District (“District”) in 2017, in violation of his federal civil rights and tortiously under New York law.Three motions are now pending before the Court: a motion by defendants Joseph DiMaria and Employee Health Referral Systems, Inc., d/b/a Employee Health Systems (“EHS”) to dismiss the complaint (Dkt. #24); a motion by plaintiff for leave to file a second amended complaint (Dkt. #37); and a motion by plaintiff to compel production of certain discovery-related documents (Dkt. #45).BACKGROUNDUnless otherwise indicated, the facts are taken from the amended complaint (Dkt. #8), the allegations of which are assumed to be true, for purposes of the motion to dismiss. See Koch v. Christie’s Int’l PLC, 699 F.3d 141, 145 (2d Cir. 2012). The Court has also considered certain documents that are referred to or incorporated by reference in the complaint. See Whipple v. Reed Eye Associates, 213 F.Supp.3d 492, 495 (W.D.N.Y. 2016).Plaintiff, who was born in 1959, was a tenured middle-school social studies teacher with the Gates-Chili Central School District (“District”) from 1999 until his termination on April 7, 2016. He was terminated as a result of certain charges brought against him, which resulted in a arbitrator’s finding that plaintiff was guilty of “conduct unbecoming a teacher, immoral character, insubordination and neglect of duty.” Amended Complaint 23 (referencing arbitrator’s decision); Arbitrator’s Decision (Dkt. #32-4) at 3. This mostly related to plaintiff’s interactions with students, particularly on several occasions when he lost his temper and shouted at students.1Around 2009, plaintiff, who alleges that he has suffered from post-traumatic stress disorder for many years, sought psychological treatment for problems stemming from several causes, including his wife’s illness and other traumatic events. Complaint

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