Documentation to "My Case"

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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Tibor Gasparik,
....................................................................COMPLAINT
Plaintiff,

-against- ......................................................Civil Action No.:

Stony Brook University,
....................................................................PLAINTIFF DEMANDS TRIAL BY JURY
Defendant.
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Plaintiff, TIBOR GASPARIK, in his Verified Complaint against Defendant STONY BROOK UNIVERSITY, alleges as follows:
1. This is a civil action for damages and injunctive relief brought pursuant to the Right to Free Speech and Freedom of Association under the First Amendment, 1 U.S.C. section 1 and 42 U.S.C. sections 1983, 1985-6.
2. The jurisdiction of this court is invoked pursuant to 28 U.S.C. sections 1331 and 1343.
3. The unlawful practices alleged below have been committed within the Eastern District of New York.

PARTIES
4. The Plaintiff, TIBOR GASPARIK, resides at: 352 Plad Blvd, Holtsville, County of Suffolk, New York.
5. The Defendant, STONY BROOK UNIVERSITY, is a state university, formerly a State University of New York (SUNY), and is located in Stony Brook, Suffolk County, New York.

BACKGROUND
6. The Plaintiff was employed between April 1985 and January 2002 as Lab Manager and Research Associate Professor at the Department of Geosciences, Stony Brook University.
7. He always received the highest evaluations and performed research at the levels that could be rated among the best in the world by any standards of scholarly achievement.
8. However, for most of his employment, he was subject to a series of hostile actions by his superiors, employees of the University, with the clear intention of making his work difficult and his life miserable and thus to force him to leave his employment.
9. When these actions failed, the Plaintiff was dismissed in January 2002 under the excuse that “the project has ended.”
10. Yet, despite being the most senior and most valuable and accomplished scientist among all scientists participating in the project, he was the only one dismissed under this excuse.
11. Although, the Plaintiff retained his position as Research Associate Professor at the Department of Geosciences, the University would not consider him for any employment that could provide a salary.
12. Attempts to secure research funding and salary from the National Science Foundation were sabotaged by his former superiors at the Department.
13. To obtain an alternative source of income, the Plaintiff completed at the same University a Masters of Art in Teaching (MAT) degree in Earth Science in May 2005, and hoped to start a new career as secondary school teacher.
14. He was promised a leave of replacement position at Ralph G. Reed Middle School in Central Islip, following completion of all requirements and satisfactory performance as student teacher between March and May 2005.
15. The University promised to expedite the certification process following satisfactory completion of all requirements.
16. Instead, the University delayed issuing a letter to that effect, which resulted in the loss of this employment opportunity.
17. When the Plaintiff posted, at the end of June 2005, a Web site summarizing his persecution, the University and the Department retaliated, in violation of the First Amendment, by taking his name off the list of faculty members posted on the departmental Web site, and ordered him to vacate his office at the Department.
18. This action makes it extremely difficult or nearly impossible for the Plaintiff to continue in his efforts to secure research funding, further contribute to the advancement of science, and restart his former career as scientist and professor.
19. The most recent hostile actions by the University also make it doubtful that the Plaintiff will become certified and find a permanent position as secondary school teacher.
20. The Plaintiff is now convinced that the Defendant will take any steps it deems necessary to force him out of education.

FIRST CAUSE OF ACTION
21. For many years, the Plaintiff searched in vain for an explanation for the startling discrepancy between his superior performance and accomplishments as a scientist, and the indifferent or hostile behavior by his colleagues at the Department of Geosciences.
22. Several of his colleagues at the Department devoted extraordinary amounts of time and effort to a single goal: to force the Plaintiff to leave.
23. In the last few years, it has become obvious that most universities and colleges in the United States discriminate against conservative professors in hiring, retention and promotion.
24. This fact is based on surveys, voter registration records and voting records.
25. The Defendant has a record of belonging to more extreme of the institutions of higher education in its liberal policies and liberal bias.
26. For example, only 15% of the university employees voted for President Bush in the last presidential elections on November 2, 2004.
27. The Plaintiff has never tried to hide his conservative views nor his record of voting for Republican candidates, but cannot name any faculty member or other university professor who is not a liberal.
28. The Plaintiff does not even have the option of pretending to be a liberal, because it is widely known among his peers in the scientific community that he is a refugee from communism; in fact, he is a registered Republican.
29. The Plaintiff believes the forgoing to be the primary reason for the discrimination against him in hiring, retention and promotion, and for the acts of persecution by his colleagues at the Department, university administrators, and other members of the scientific community.
30. Additional details in support for this complaint have been posted on the Web site:
http://suny-stonybrook.blogspot.com/.

SECOND CAUSE OF ACTION
31. The Defendant, by the above-described actions, discriminated against, dismissed him from employment, and took other adverse personnel actions against the Plaintiff, because of the Plaintiff’s political orientation.
32. By reason of the forgoing, the Defendant is liable for unlawful discrimination against the Plaintiff in violation of the First Amendment of the United States Constitution and for violation of 42 U.S.C. sections 1983, 1985-6.
33. By reason of the forgoing, the Plaintiff suffered, and continues to suffer, loss in employment, loss in wages, and has suffered metal anguish, emotional distress, and loss of enjoyment of life, and has incurred damages thereby.
34. By reason of the forgoing, the Defendant is liable to the Plaintiff for compensatory damages, attorney’s fees, expenses, and punitive damages.

WHEREFORE, the Plaintiff demands that this Court grants judgment to him containing the following relief:
(a) An award of US$ 300,000 to compensate the Plaintiff for the loss of income, loss of future income, mental anguish, humiliation, embarrassment, and emotional injury;
(b) An order enjoining the Defendant to appoint the Plaintiff to the position previously held, or an equivalent position in terms of income and status;
(c) An order to initiate his promotion to Full Professor;
(d) An award of punitive damages;
(e) Permanent injunction against the Defendant from engaging in the wrongful practices alleged herein;
(f) An award of reasonable attorney’s fees and the costs of this action; and
(g) Any further relief which this Court may deem appropriate.

TRIAL BY JURY OF THIS ACTION IS HEREBY DEMANDED.

Dated: Holtsville, New York
August 11, 2005


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Tibor Gasparik, Pro Se
352 Plad Blvd
Holtsville, New York 11742
(631) 447-2168