New York, NY — A federal judge dismissed a lawsuit filed by a former City University of New York medical lecturer who claimed CUNY unlawfully terminated him and refused to rehire him because of a misdemeanor conviction.
In a ruling issued in the Southern District of New York, U.S. District Judge Jennifer L. Rochon granted motions to dismiss filed by the City University of New York and CUNY School of Medicine Dean Carmen Renee Greene in a case brought by former adjunct professor Zheng Dong.
Dong alleged his constitutional rights and anti-discrimination protections were violated after CUNY Medicine declined to renew his employment contract following a criminal conviction.
Medical Lecturer Claimed CUNY Ignored Rehabilitation Efforts
According to the complaint, Dong — a medical doctor — began working for CUNY School of Medicine in January 2018 as an adjunct medical lecturer and later became co-director of the Physician Assistant Anatomical Science Program in October 2023.
Court filings state that on February 12, 2024, then-Director for Surgical Education Elliot R. Goodman informed Dong by email that his contract would not be renewed because of a recent misdemeanor conviction.
The following day, Goodman allegedly confirmed during a phone call that Dean Carmen Renee Greene personally ordered the decision.
Dong claimed he attempted to explain that he was pursuing expungement and expected to receive a certificate of relief from disabilities related to the conviction, but was told the decision would not be reconsidered.
Key Points
• A federal judge dismissed a former CUNY lecturer’s discrimination and constitutional claims
• The lawsuit alleged CUNY refused to renew employment because of a misdemeanor conviction
• The court granted dismissal motions filed by CUNY entities and the medical school dean
According to the amended complaint, Dong later received a certificate of relief from disabilities in May 2024 and sought reinstatement for the 2024–2025 academic year.
The lawsuit alleged Greene rejected the request and informed Dong he would not be considered for future employment because of the prior misdemeanor conviction.
Lawsuit Raised Constitutional and Discrimination Claims
Dong filed suit in February 2025 against:
- City University of New York
- CUNY Board of Trustees
- City College of New York
- CUNY School of Medicine
- Dean Carmen Renee Greene
- Former administrator Elliot R. Goodman
The amended complaint asserted four causes of action:
- Violation of due process rights under 42 U.S.C. §1983
- Violation of equal protection rights under 42 U.S.C. §1983
- Violations of the New York State Human Rights Law
- Violations of the New York City Human Rights Law
The CUNY defendants argued the federal court lacked jurisdiction because the university entities are protected by sovereign immunity.
Judge Rochon ultimately granted both dismissal motions brought by the university defendants and Greene.
Sovereign Immunity Played Central Role
Federal courts have repeatedly ruled that CUNY and certain affiliated entities qualify as arms of the state for sovereign immunity purposes, limiting lawsuits seeking damages in federal court.
The ruling represents another example of the procedural barriers plaintiffs can face when attempting to pursue constitutional and discrimination claims against public university systems and state-affiliated institutions.
The opinion notes that defendant Goodman had not independently moved to dismiss or formally appeared in the action at the time of the ruling.
Current Status
The federal court dismissed the claims brought by Zheng Dong against the CUNY defendants and Dean Carmen Renee Greene in the Southern District of New York. The opinion did not indicate whether Dong plans to appeal the dismissal.
CUNY lawsuit, New York employment discrimination, sovereign immunity, federal court dismissal