Sunday, March 3, 2013

Judge: Francesco Portelos's Suit vs NYC DOE Goes Forth

BREAKING-
Federal Judge to DOE: MOTION TO DISMISS DENIED A star Science, Technology, Engineering and Math (STEM) teacher was improperly retaliated against by his principal and the New York City Department of Education. A federal judge has ruled that his case may go forward.
For those of you who are following my crazy saga, you know I filed a Federal lawsuit (Portelos v. DOE) last June. It is against the City, DOE, and Berta Dreyfus IS 49 Principal Linda Hill. They attempted to silence a parent, who is an educator, who has a backbone and is apparently thousand times savvier than them…the failed.

The city attempted to dismiss my case and my attorney Bryan Glass, Esq., just sent me great news this morning; honorable Judge Roslynn R. Mauskopf has denied that motion. In non legal words … Game On!

We start deposing witnesses soon. We are starting with Principal Linda Hill, former SLT Chairperson Susanne Abramowitz, former UFT Chapter Leader Richard Candia and former NYC DOE HR Director Andrew Gordon.

“As a matter of self-preservation, a man needs good friends or ardent enemies, for the former instruct him and the latter take him to task.” the Greek Philosopher Diogenes

Read the full document here: Portelos v DOE MTD Denied

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
———————————————————–X
FRANCESCO PORTELOS,
Plaintiff,
- against -
CITY OF NEW YORK; NEW YORK CITY
DEPARTMENT OF EDUCATION; DENNIS
WALCOTT, CHANCELLOR OF NEW YORK
CITY DEPARTMENT OF EDUCATION;
LINDA HILL, PRINCIPAL OF I.S. 49, IN HER
OFFICIAL AND INDIVIDUAL CAPACITY,
Defendants.
———————————————————–X ORDER 12-CV-3141(RRM)(VMS) ROSLYNN R. MAUSKOPF, United States District Judge.
On June 22, 2012, plaintiff Francesco Portelos filed this action seeking monetary and equitable relief against defendants the City of New York, the New York City Department of Education, Dennis Walcott, and Linda Hill (collectively “defendants”) pursuant to 42 U.S.C. § 1983 and New York Civil Service Law (“N.Y. C.S.L.”) § 75-b. Plaintiff alleges that defendants violated his First Amendment and state law rights by retaliating against him for reporting fraud and misconduct at I.S. 49. (Compl. (Doc. No. 1).) Before the Court is defendants’ December 17, 2012 motion to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Mot. to Dismiss (Doc. No. 17).) For the reasons set forth below, defendants’ motion is DENIED in its entirety.

Read the full document here: Portelos v DOE MTD Denied

For the reasons stated above, defendants’ motion to dismiss (Doc. No. 17) is DENIED in its entirety. This case is committed to the assigned Magistrate Judge for supervision of all pretrial matters.
SO ORDERED.
Dated: Brooklyn, New York Roslynn R. Mauskopf
February 28, 2013 ____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge
Case 1:12-cv-03141-RRM-VMS Document 25 Filed 03/01/13 Page 6 of 6 PageID #: 127