Bryan v. Chemical Bank
Bryan v. Chemical Bank
Opinion of the Court
OPINION
Plaintiff, Albert Bryan, filed this action on September 6, 1985, challenging his termination as Tax Manager of the Asset Based and Personal Lending Division of Chemical Bank. The complaint alleges that his termination was the result of race discrimination in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981, and age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621. Plaintiff moves for a preliminary injunction reinstating him and restraining defendant from disseminating any infoririation concerning his discharge.
To obtain the requested preliminary injunctive relief, plaintiff must demonstrate: (1) the threat of irreparable harm in the absence of an injunction, and (2) either (a) a likelihood of success on the merits, or (b) sufficiently serious grounds for litigation and a balance of hardships that tips decidedly in his favor.
After eight months of litigation before the special master, sixteen months after being terminated, and on the eve of a decision by the special master,
With respect to plaintiff’s request for an injunction barring dissemination of information harmful to his reputation, plaintiff has offered no evidence supporting his contention that Chemical Bank has made the reasons for his termination known. In fact, the evidence before the Court not only indicates that it is the Bank’s official policy not to release such information, but that the Bank has not received any inquiries regarding plaintiff from prospective employers.
Not only has plaintiff failed to make the “strong showing of irreparable injury” required when mandatory injunctive relief
Accordingly, plaintiff’s motion for a preliminary injunction is denied.
SO ORDERED.
. Plummer v. Chemical Bank, 80 Civ. 7364 (WCC).
. Kenneth J. Kelly Aff., Exh. A. The Court agrees with plaintiff that the statement in Mr. Kelly's affidavit that the Bank’s ombudsman, Claude Weir, is black is irrelevant. The race of the ombudsman has no bearing whatsoever on the validity of his decisions or on his ability to perform his tasks.
. See, e.g., Buckingham Corp. v. Karp, 762 F.2d 257 (2d Cir. 1985); Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70 (2d Cir. 1979).
. Citibank, N.A. v. Citytrust, 756 F.2d 273, 275 (2d Cir. 1985).
. The parties have informed the Court that a decision by the special master is expected within two weeks.
. Janice L. Won Aff., paras. 3-4.
. Doe v. New York University, 666 F.2d 761, 773 (2d Cir. 1981).
. See Jackson Dairy, 596 F.2d at 72; Robinson-Pitts v. Board of Educ., 544 F.Supp. 187, 188-89 (S.D.N.Y. 1982); see also Sampson v. Murray, 415 U.S. 61, 92 n. 68, 94 S.Ct. 937, 953 n. 68, 39 L.Ed.2d 166 (1974); Stewart v. United States I.N.S., 762 F.2d 193, 199 (2d Cir. 1985).
. Albermarle Paper Co. v. Moody, 422 U.S. 405, 418, 95 S.Ct. 2362, 2372, 45 L.Ed.2d 280 (1975).
Reference
- Full Case Name
- Albert BRYAN v. CHEMICAL BANK
- Status
- Published