A federal judge denied a request on Oct. 6 to dismiss a discrimination lawsuit by three former African American school administrators against the Middletown School District in New York.
The district’s attorney Howard Miller argued that the job reassignments or terminations of the three plaintiffs were based on legitimate, objective reasons—not driven by racial bias or retaliation against protected speech.
He also argued that the plaintiffs’ speeches at board meetings addressed personal matters rather than matters of public concern, and so were not protected.
The plaintiffs’ attorney Mike Sussman argued to the contrary, adding that Miller brought up new facts in the dismissal request, which should lead to more fact-finding instead of a premature judgment.
Federal District Judge Vincent Briccetti denied the district’s request, putting the case back on the trial calendar.
He ordered that all fact-finding in the case shall be completed by Feb. 6, 2023, and expert testimonials completed by April 6, 2023.
The trial is expected to last 10 days.
Federal Magistrate Judge Andrew Krause is assigned to the case.
In July, three former district employees—Omar Perez, Catherine Yaayaa Whaley-Williams, and Anthony Williams—sued Middletown School District and Superintendent Amy Creeden, alleging racial discrimination and retaliation against protected speech.
Perez alleged that he was demoted from a tenured high school deanship after raising concerns about reported sexual assaults against female students and staff within the district.
He spoke out about the issue at an Aug. 12, 2021, school board meeting, after which he faced increasing unfair treatment by the district, escalating to a point where he was forced to get a mandatory psychiatric evaluation, according to the complaint.
Perez later left the district and went to work as a school administrator in Yonkers, New York.
The second plaintiff, Whaley-Williams, alleged that she was demoted after speaking out on behalf of Perez and about what she perceived as pervasive racism within the district at the above school board meeting.
Following the meeting, she lost her districtwide math coordinator position and said she was assigned a role limited to one elementary school.
In July 2022, the district denied her tenure without any basis and terminated her at the recommendation of Creeden with the approval of the school board, according to the complaint.
Since leaving, Whaley-Williams has started a bookstore in downtown Middletown which also hosts various community cultural and educational events.
The third plaintiff, Whaley-Williams’ husband Williams, alleged that he was unfairly terminated by the district merely for his association with his wife.
Following Whaley-Williams’ speech at the above school board meeting, Williams was assigned to a position under his previous job as the high school dean of student support services and he was barred by the district from applying to the higher position, according to the complaint.
Later, he was given an unreasonable time frame to obtain an extra certification to stay on his job.
He left the district and now works as director of guidance and data at the Newburgh School District.
The lawsuit seeks monetary and punitive damages against the district and Creeden.
The next case management conference for the case is on April 12, 2023.
