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Polanco v. City of New York

Officer's Discrimination Suit Dismissed; Title VII, First Amendment Claims Time-Barred

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Adhyl Polanco, Plaintiffv.The City of New York and The New York City Police Department, Defendants

MEMORANDUM OPINION AND ORDER  Plaintiff Adhyl Polanco (“Plaintiff” or “Polanco”) brings this civil rights action against Defendants The City of New York (the “City”) and The New York City Police Department (the “NYPD,” and together, the “Defendants”), pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (“Title VII”), New York State Executive Law §296 (the “NYSHRL”), New York City Administrative Code §8-107 (the “NYCHRL”), 42 U.S.C. §1983, and New York State Constitution Article I, §8. In an eight-count Complaint, Plaintiff, a Latin-American NYPD police officer and employee of the City, alleges that Defendants subjected him to unlawful discrimination, a hostile work environment, and retaliation for speaking about the NYPD’s allegedly illegal quota system, which he believes targets minority communities, in violation of various anti-discrimination laws and the First Amendment. The Court has jurisdiction of this action pursuant to 28 U.S.C. §§1331, 1343, and 1367.This case was originally filed in the United States District Court for the Eastern District of New York, on September 1, 2015. It was transferred to this Court in 2016.Defendants move, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss the Complaint for failure to state a claim upon which relief can be granted. (Docket Entry No. 13.)The Court has carefully reviewed all of the parties’ submissions and, for the following reasons, the Defendants’ motion is granted. Plaintiff will be afforded the opportunity to request leave to file an amended complaint.BACKGROUNDThe following facts are derived from the allegations of the Complaint (“Compl.”, Docket Entry No. 1), and are assumed to be true for purposes of the instant motion practice.Plaintiff is a Latin-American NYPD police officer who joined the NYPD on July 11, 2005. (Compl.

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