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Siano Enders v. Boone

'Pickering' Defense Not Considered in DTF Official's Retaliation Suit Over Run To Be Judge

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff pro se Camille Siano Enders commenced this action under 42 U.S.C. §1983 against Defendants Jerry Boone, Honora Manion, and Mary Starr, in their individual and official capacities, alleging that Defendants terminated her employment with the New York State Department of Taxation and Finance (“DTF”) in retaliation for speech protected by the First Amendment. (Dkt. No. 1). Specifically, Plaintiff claims that Defendants terminated her employment with DTF in retaliation for her campaign to be elected Justice of the New York Supreme Court, Fourth Judicial District, in violation of the First Amendment. (See generally id.). Defendants move for summary judgment under Federal Rule of Civil Procedure 56 and seek dismissal of Plaintiff’s complaint. (Dkt. No. 57). The parties filed responsive briefing. (Dkt. Nos. 64, 65). For the following reasons, Defendants’ motion is granted in part and denied in part. II. FACTS1 A. The Parties’ Employment with DTF Plaintiff began working for DTF in January 2013 as a Deputy Commissioner and Taxpayer Rights Advocate. (Dkt. No. 57-9, at 21). She became Deputy Commissioner and Director of the Bureau of Conciliation and Mediation Services (“BCMS”) in July 2014 and remained in that role until her employment with DTF ended. (Id. at 21-22). As a Deputy Commissioner, Plaintiff was an “exempt class employee” who served at the pleasure of the Administration. (Dkt. No. 57-2, 1(a), (m); Dkt. No. 64-13, 1(a), (m)). Defendant Boone served as the Commissioner of DTF beginning in 2015 and retired from the agency in September 2016. (Dkt. No. 57-3,

3, 7, 32). Defendant Manion joined DTF in 1988 and served as the agency’s Executive Deputy Commissioner from 2013 until her retirement in March 2019. (Dkt. No. 57-4,

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