On July 11, 2019, U.S. Senior District Judge David G. Larimer dismissed three related cases by a pro se litigant well known to the court. Malcolm v. Assn. of Supervisors & Adm’rs of Rochester, No. 17-CV-6878L, 2019 U.S. Dist. LEXIS 115575 (W.D.N.Y. July 11, 2019) (Malcolm I), Malcolm v. Rochester City Sch. Dist., No. 17-CV-6873-DGL, 2019 U.S. Dist. LEXIS 115583 (W.D.N.Y. July 11, 2019) (Malcolm II), and Curry-Malcolm v. Rochester City Sch. Dist., No. 18-CV-6450L, 2019 U.S. Dist. LEXIS 115584 (W.D.N.Y. July 11, 2019) (Malcolm III). This batch of claims arose out of the pro se plaintiff’s employment with her current employer. This was not, however, the first employer plaintiff sued. She had an established pattern of such litigation which preceded Judge Larimer’s determination that the court would not tolerate duplicative, burdensome and unnecessary lawsuits and his imposition of sanctions on plaintiff for her “harassing tactics.” He noted that although pro se litigants are entitled to some accommodation, plaintiff has abused that position repeatedly. Malcolm I, No. 17-CV-6878L, 2019 U.S. Dist. LEXIS 115575, at *3.

Introduction

Each of Judge Larimer’s three decisions relates to a substantially similar fact pattern, detailed in relevant part from all three cases below. Plaintiff is a 61-year-old African-American woman who sued the Rochester City School District (RCSD or the District), among others, alleging violations of state and federal law predicated upon age and racial discrimination in the workplace. As of the date Judge Larimer filed these three decisions, plaintiff was still an employee of the District. Previously, in March of 2017, however, the District terminated her position along with twenty-two other similar positions as a result of budgetary concerns. Plaintiff was then placed on a preferred eligibility list, meaning that she could be recalled and resume employment if a position opened. Sometime thereafter, the RCSD offered plaintiff an appointment, but in a different position with a lesser salary. Plaintiff declined the offer but was eventually recalled and rehired in her original position, which she still held as of the decision date.