DIMINO v. NEW YORK CITY TRANSIT AUTHORITY
64 F.Supp.2d 136 (1999)
Christine DIMINO, Plaintiff,
NEW YORK CITY TRANSIT AUTHORITY, John M. Long, individually and in his official capacity as General Superintendent of the SIR/SIRTOA Police Department, Richard Dreyfus, individually and in his capacity as Deputy Executive Assistant General Counsel of the New York City Transit Authority, Staten Island Railway, Staten Island Rapid Transit Operating Authority, Staten Island Railway/Staten Island Rapid Transit Operating Authority, Defendants.
United States District Court, E.D. New York.
September 14, 1999.
Patricia Weiss, Sag Harbor, NY, for Plaintiff.
Richard Schoolman, Office of the General Counsel, New York City Transit Authority, Brooklyn, NY, for Defendants.
MEMORANDUM AND ORDER
TRAGER, District Judge.
Plaintiff, Christine Dimino ("Dimino") brings a twelve count complaint against defendants, Staten Island Railway/Staten Island Rapid Transit Operating Authority ("SIRTOA"), New York City Transit Authority ("TA"), and John Long individually and in his capacity as General Superintendent of the SIRTOA police department, alleging various charges of discrimination and retaliation based on employment disputes she, a SIRTOA Police Officer, had with her employers when she became pregnant and requested light or restricted duty. Dimino seeks damages as well as declaratory and injunctive relief. Defendants move for summary judgment dismissing all counts. Defendants move separately to strike critical portions of the evidence Dimino has submitted.Background
In 1997, Dimino was one of sixteen commissioned SIRTOA police officers. See Defs.' Local Rule 56.1 Statement (herein R.56.1) ¶ 1. SIRTOA police officers, commissioned by New York State's Superintendent of Police, carry weapons and have the authority to arrest people. See id. ¶ 2. Their basic duties, however, are to patrol and protect SIRTOA properties. See id. ¶ 3. The position can be hazardous, and plaintiff herself has been injured on the job. In June of 1996, she was struck in the lower abdomen by a falling or dislodged "ballast" while pursuing or apprehending a suspect. See Dimino Accident Report dated 6/20/96, Long Decl., Ex. A.
On September 17, 1997, Dimino approached her supervisor, John Long ("Long"), the Chief and General Superintendent of the SIRTOA police department, and requested that she be placed on "restricted duty" because she was pregnant. See Second Am. Compl. (herein "Compl.") ¶¶ 19-21. There is some dispute as to what was actually said in this conversation, as well as disagreement over what was meant by what was said. It is not disputed,
however, that at this time Dimino gave Long two notes. The first, a letter from Dimino herself, read as follows:
Dear Chief Long,