Case 1:23-cv-10279-ER
Document 36
Filed 01/27/25
Page 1 of 49
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MEAGHAN CIOTTI, Plaintiff, OPINION & ORDER
– against – CITY OF NEW YORK and JAMIE ANGELASTRO,
23 Civ. 10279 (ER)
Defendants. RAMOS, D.J.: Meaghan Ciotti brings this employment discrimination action against the City of New York (the “City”) and police officer Jamie Angelastro, alleging gender discrimination, disability discrimination, and unlawful retaliation under federal and state statutes, as well as state-based claims of negligence and gender-motivated violence. Doc. 12. Before the Court is the City’s partial motion to dismiss 1 the First Amended Complaint (“FAC”) for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Doc. 22. For the following reasons, the motion is GRANTED in part and DENIED in part. I.
BACKGROUND A. Factual Background �e following facts are drawn from allegations contained in the FAC, Doc. 12,
which the Court accepts as true for purposes of the instant motion. Koch v. Christie’s Int’l PLC, 699 F.3d 141, 145 (2d Cir. 2012). Ciotti has been an officer with the New York City Police Department (“NYPD”) since 2012. FAC ¶ 17. She was initially assigned to patrol duty on a dayshift. Id. ¶ 18. �e City moves to dismiss all federal claims against it, as well as the claims of retaliation under the NYSHRL and NYCHRL; it does not move to dismiss the claims of discrimination under the NYSHRL and NYCHRL, nor the state claims of negligence and gender-motivated violence. See Doc. 23 at 1–2. A clerk’s certificate of default was entered as to Angelastro on July 17, 2024, for his failure to answer or otherwise move with respect to the complaint. Doc. 31. 1