Documentation to "My Case"

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TIBOR GASPARIK,
Plaintiff,
.......................................................................................CV-05-03817 (SJF/ARL)
-against-
.......................................................................................JOINT PRE-TRIAL ORDER
STONY BROOK UNIVERSITY,
Defendants.
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TRIAL COUNSEL

Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd
Holtsville, N.Y. 11742
(631) 447-2168

Defendant
Eliot Spitzer, Attorney General For the State of New York
Lori Pack, AAG, of counsel
300 Motor Parkway, Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax


SUBJECT MATTER JURISDICTION

Plaintiff alleges that this action arises under a Constitutional violation.

Defendant alleges that the Court lacks subject matter jurisdiction over this matter for the following reasons:
- The allegations raised in the complaint do not relate to a Constitutional violation;
- The Defendant is not a “person” as defined under 42 USC §1983 et. seq.; and
- Punitive damages are not permitted against the Defendant.


CLAIMS AND DEFENSES

Plaintiff claims that the Defendant persecuted him during his employment and eventually terminated his employment because of Plaintiff’s political orientation; thus violating Plaintiff’s Constitutional rights under the First Amendment and 42 U.S.C. sections 1983, 1985-1986.

Defendant asserts that the Plaintiff’s claim is barred for the following reasons:
- Defendant acted in good faith, and insofar as Defendant may have acted with regard to the events mentioned in the complaint, Defendant’s actions were justified by legitimate, lawful reasons;
- Qualified immunity bars Plaintiff's damages claim against Defendant
- Plaintiff is not a member of a “protected class” and as such, fails to state a cause of action for discrimination;
- Plaintiff has failed to allege any specific policy, custom, ordinance, regulation, or practice of the Defendant which violated Plaintiff’s Constitutional rights;
- The Defendant is not a “person” as defined under 42 USC §1983;
- Punitive damages are not available against the Defendant;
- This suit is barred by the Eleventh Amendment.
- This action is barred by the applicable statute of limitations.


Jury Trial

Plaintiff has demanded a jury trial.
Plaintiff anticipates that his case in chief will last three days.
Defendant anticipates that its case will last two days.


Stipulations and Agreed Statement of Fact or Law

The parties agree that the Plaintiff was employed by the Research Foundation of the State University of New York from April 1, 1985, until January 31, 2002.


Fact and Expert Witnesses

Plaintiff intends to call the following people as fact witnesses:

Professor Daniel M. Davis, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8217;
- witness will respond to Plaintiff’s interrogatories.

Mrs. Susan H. Gasparik, 352 Plad Blvd, Holtsville, NY 11742; phone: (631) 447‑2168;
- witness will testify as to the impact of the Plaintiff’s persecution by the Defendant on the Plaintiff’s family.

Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8210;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.

Professor Claude T. Herzberg, Department of Geology, Wright Geological Laboratory, Rm. 342, Rutgers University, 610 Taylor Road, Piscataway, NJ 08854; phone: (732) 445‑3154;
- witness will testify as to the Plaintiff’s credentials as a scientist and to his experience in working with the Plaintiff.

Professor William E. Holt, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8215;
- witness will respond to Plaintiff’s interrogatories.

Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook, NY11794: phone: (631) 632‑6161;
- witness will testify as to her investigation of the Plaintiff’s complaint to the University President and to various University regulations relevant to the case.

Dr. Shirley Strum Kenny, President, The Office of the President, Administration Building, Room 310, SUNY, Stony Brook, NY 11794‑0701; phone: (631) 632‑6265;
- witness will testify as to her response to Plaintiff’s complaints and to the Defendant’s custom of discriminating against conservative professors in hiring, retention and promotion.

Professor Robert C. Liebermann, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1968;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.

Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8195;
- witness will respond to Plaintiff’s interrogatories and testify as to the Plaintiff’s credentials as a scientist and to his role in persecuting the Plaintiff.

Dr. Robert L. McGrath, Provost & Executive VP for Academic Affairs, Administration Building, Room 407, Stony Brook, NY 11794‑1401; phone: (631) 632‑7000;
- witness will testify as to his response to the Plaintiff’s complaint.

Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8194;
- witness will respond to Plaintiff’s interrogatories.

Professor Hanna Nekvasil, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8201;
- witness will respond to Plaintiff’s interrogatories.

Professor John B. Parise, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8196;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.

Professor Troy Rasbury, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1488;
- witness will respond to Plaintiff’s interrogatories.

Professor Richard J. Reeder, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8208;
- witness will respond to Plaintiff’s interrogatories.

Professor Martin A. A. Schoonen, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8007;
- witness will respond to Plaintiff’s interrogatories.

Mr. Edward R. Vorisek, 781 Smithtown Avenue, Bohemia, NY 11716; phone: (631) 589‑0392;
- witness will testify as to his own persecution by the Defendant which forced him into an early retirement.

Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8211;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.

Professor Lianxing Wen, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑1726;
- witness will respond to Plaintiff’s interrogatories.

Professor Teng‑fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will respond to Plaintiff’s interrogatories and testify as to his role in persecuting the Plaintiff.

Defendant intends to call the following people as fact witnesses:

Professor Teng‑fong Wong, Chair, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.

Professor Robert Liebermann, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8212;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.

Professor Donald J. Weidner, Department of Geosciences, SUNY, Stony Brook, NY 11794; phone: (631) 632‑8211;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.

Ms. Lynn Johnson, Director, Human Resource Services, SUNY, Stony Brook, NY11794: phone: (631) 632‑6161;
- witness will testify as to the dates, salary and terms and conditions of Plaintiff’s employment with the Research Foundation of the State University of New York.

Professor Scott M. McLennan, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8194;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.

Professor Gilbert N. Hanson, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8210;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.

Professor Donald H. Lindsley, Department of Geosciences, SUNY, Stony Brook, NY11794; phone: (631) 632‑8195;
- witness will testify as to the reasons for the termination of Plaintiff’s employment with the Research Foundation of the State University of New York.


Deposition testimony to be offered at trial

By Plaintiff:
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006.

By Defendant:
Deposition of Tibor Gasparik taken on February 2 and February 28, 2006,
pp. 73-75, 144- 146, 154- 157, 160, 163-168.


Exhibits to be offered at trial:

By Plaintiff: Documents posted on the Plaintiff's Web site: http://suny‑stonybrook.blogspot.com/, including:

1. “Account of my persecution,” with supporting exhibits 1-60.
2. “My Case,” with letters to various officials and their responses written in 2003-2005.
3. Plaintiff’s set of interrogatories.
4. Documentation in support of Plaintiff’s credentials and accomplishments as a scientist.
5. Article by David Horowitz published in 2003: “The campus blacklist.”
6. Article by Professor Steven Lubet published in 2004: “Conservatives complain about campus shut-outs.”
7. Article by Professor Art Eckstein published in 2006: “The pitt of academic bias.”
8. The book by Plaintiff: “Phase Diagrams for Geoscientists.”
9. The book by David Horowitz: “The Professors.”

Defendant objects to the introduction of these documents as evidence as irrelevant, immaterial to the issues of this case, and that many of these documents constitute inadmissible hearsay.


By Defendant: Plaintiff’s personnel files maintained by the Defendant, the Research Foundation of the State University of New York and their agents.


Dated: May 12, 2006


_______________________
Plaintiff
Tibor Gasparik, pro se
352 Plad Blvd.
Holtsville, N.Y. 11742
(631) 447-2168

_______________________
Defendant
Eliot Spitzer
Attorney General For the State of New York
by Lori Pack, AAG, of counsel
300 Motor Parkway Suite 205
Hauppauge, N.Y. 11788
(631) 231-2177 telephone
(631) 435-4757 fax