Judge Laura Taylor Swain
Algarin, a Hispanic police lieutenant, served as his task force’s “integrity control officer” approving and signing overtime slips. His 2008 complaint to Captain Traynor that Sergeant Barouniswho are both whiteabout overtime abuse was never investigated. After an internal probe, Algarin was charged with failing to supervise Barounis and improperly authorizing and approving overtime. Charges were also brought against Traynor and Barounis. Despite approving 10- and 30-day suspensions settling charges against Traynor and Barounis, the commissioner rejected Algarin’s 20-day suspension. He was forced to accept a 60-day suspension. The court dismissed Algarin’s complaint of racial discrimination and hostile work environment violating Title VII of the Civil Rights Act and 42 USC §1983. The complaint neither identified the charges against the white officers nor alleged their responsibilities or approval their own overtime and inaccurate overtime reports by others. Thus, the racial differences between Algarin and the white officers were insufficient to provide a plausible factual basis to infer discrimination grounded on Algarin’s disparate treatment. Algarin’s §1983 claim failed for the same reasons that his Title VII claim failed.