Two former tenured teachers have filed a lawsuit against the New York City Department of Education (DOE), accusing it of infringing upon their constitutional rights through its handling of COVID-19 vaccine mandates. Plaintiffs Dianne Baker-Pacius and Christopher J. Garry are representing themselves in this case and allege that the department's actions deprived them of their property and liberty rights without due process.
The case revolves around the implementation of the COVID Vaccine Mandate (CVM) by the DOE, which Baker-Pacius and Garry argue was carried out in a "lawless" manner that violated their constitutional rights. Both plaintiffs claim they were unfairly flagged with a "Problem Code" after refusing vaccination based on religious and medical grounds, respectively. This flag allegedly barred them from employment within New York City's public schools, despite their tenured status which should have protected them from such punitive measures without due process.
Baker-Pacius, who had been a tenured teacher since 2005, requested a religious exemption but was denied without explanation or opportunity for appeal. Similarly, Garry sought a medical exemption supported by his doctor's note but faced rejection with no clear justification provided by the DOE. The plaintiffs assert that these denials were part of an unconstitutional scheme to sidestep established tenure protections under Education Law §§3020 and 3020-a.
The lawsuit highlights several causes of action including violations under 42 U.S.C Section 1983 for deprivation of constitutional rights, breaches under the ADA/504 Rehabilitation Act, and claims under New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). They also allege fraud in inducement and failure to accommodate sincerely held religious beliefs and medical conditions.
Baker-Pacius and Garry are seeking monetary damages exceeding $400,000 in back pay, full reinstatement to their previous positions with all associated benefits restored, removal of their names from problematic databases maintained by the Office of Personnel Investigations (OPI), or alternatively, an arbitration hearing to defend their employment status without being forced into vaccination.
This case is presided over by Judge Ann M. Donnelly and was filed in the Eastern District of New York under Case ID: 1:25-cv-00743-AMD-JAM.