Guerra v. Jones, 421 F. App'x 15 (2d Cir. 2011). · Go Syfert
Guerra v. Jones, 421 F. App'x 15 (2d Cir. 2011). Cases Citing This Book View Copy Cite
74 citation events (74 in the last 25 years) across 8 distinct courts.
Strongest positive: Aura Moody v. U.S. Equal Employment Opportunity Commission, Luis Calzada, William Sanchez, Madeline McGrath and Alexander Adeshchenko (nysd, 2025-09-03)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Aura Moody v. U.S. Equal Employment Opportunity Commission, Luis Calzada, William Sanchez, Madeline McGrath and Alexander Adeshchenko
S.D.N.Y. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
dismissal of the title vii and adea claims against the individual defendants was appropriate as neither statute subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.
discussed Cited as authority (verbatim quote) McCready v. U.S.P.S.
E.D.N.Y · 2025 · quote attribution · 1 verbatim quote · confidence high
neither title vii nor the adea subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.
examined Cited as authority (verbatim quote) Amrod v. YouGov
N.D.N.Y. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
dismissal of the title vii and adea claims against the individual defendants was appropriate as neither statute subjects individuals, even those with supervisory liability over the plaintiff, to personal liability
examined Cited as authority (verbatim quote) Shepherd v. Thomas
W.D.N.Y. · 2023 · quote attribution · 1 verbatim quote · confidence high
as the district court concluded, dismissal of the title vii and adea claims against the individual defendants was appropriate as neither statute subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.
examined Cited as authority (verbatim quote) Sullivan v. Creedmoor Psychiatric Center
E.D.N.Y · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
dismissal of the title vii and adea claims against the individual defendants was appropriate as neither statute subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.
examined Cited as authority (verbatim quote) Little v. City of New York
E.D.N.Y · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
dismissal of the title vii and adea claims against the individual defendants was appropriate as neither statute subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.
discussed Cited as authority (verbatim quote) Leon v. Rockland Psychiatric Center
S.D.N.Y. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
dismissal of the title vii and adea claims against the individual defendants was appropriate as neither statute subjects individuals ... to personal liability.
examined Cited as authority (verbatim quote) Bilal-Edwards v. United Planning Organization
D.D.C. · 2014 · quote attribution · 1 verbatim quote · confidence high
dismissal of the . . . adea claims against the individual defendants was appropriate as the statute does not subject individuals, even those with supervisory liability over the plaintiff, to personal liability.
discussed Cited as authority (quoted) Daytree at Cortland Square, Inc. v. Walsh
E.D.N.Y · 2018 · quote attribution · 1 verbatim quote · confidence low
guerra had no property interest in his temporary position.
cited Cited as authority (rule) Elizabeth Ortiz-Ortiz v. Connecticut Department of Mental Health and Addiction Services, Francis Giannini, and Alicia Feller
D. Conn. · 2026 · confidence medium
Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (Title VII); Garcia v. S.U.N.Y.
discussed Cited as authority (rule) Robert Dingle, Jr. v. City of New York et al.
E.D.N.Y · 2026 · confidence medium
Sassaman v. Gamache, 566 F.3d 307, 315 (2d Cir. 2009) (Title VII); Martin v. Chemical Bank, 129 F.3d 114 (2d Cir. 1997) (ADEA); Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (Title VII and ADEA).
discussed Cited as authority (rule) King v. New York City Department of Education
S.D.N.Y. · 2025 · confidence medium
See Cayemittes v. City of NY Department of Housing Preservation & Development, 641 F. App’x. 60, 61-2 (2d Cir. 2016) (affirming the dismissal of plaintiff's Title VII claims, as the statute does not provide individual liability); Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order) (noting that the ADEA does not “subject[ ] individuals, even those with supervisory liability over the plaintiff, to personal liability”); Spiegel v. Schulmann, 604 F.3d 72, 79-80 (2d Cir. 2010) (holding that the ADA does not provide for individual liability in the context of employment discri…
discussed Cited as authority (rule) Ibekweh v. Ascend Learning, Inc. (Ascend)
E.D.N.Y · 2025 · confidence medium
Where a plaintiff claims a deprivation of a liberty interest based on his termination, he must satisfy the requirements for a “stigma- plus claim.” Guerra v. Jones, 421 F. App’x 15, 18-19 (2d Cir. 2011).
discussed Cited as authority (rule) Taylor v. Muhammad
D. Conn. · 2024 · confidence medium
Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (explaining that the ADEA and Title VII do not “subject[] individuals, even those with supervisory authority over the plaintiff, to personal liability.”); Spiegel v. Schulmann, 604 F.3d 72 , 79–80 (2d Cir. 2010) (ADA and Title VII); Rieger v. Orlor, Inc., 427 F. Supp. 2d 105 , 121–22 (D.
cited Cited as authority (rule) Rosenthal v. Roosevelt Island Operating Corporation
S.D.N.Y. · 2024 · confidence medium
Guerra v. Jones, 421 Fed.Appx. 15, 19 (2d Cir. 2011); D'Allessandro v. City of Albany, No. 04-CV-788, 2008 WL 544702 , at *13–14 (N.D.N.Y.
cited Cited as authority (rule) Cohen v. Arnot Health, Inc.
N.D.N.Y. · 2024 · confidence medium
Dec. 5, 2023) (D’Agostino, J.) (citing Guerra v. Jones, 421 F. App’x 15, 17 [2d Cir. 2011]).
discussed Cited as authority (rule) Battagliese Corns v. Lapore
E.D.N.Y · 2023 · confidence medium
May 23, 2023) (“Individual defendants, ‘even those with supervisory liability over the plaintiff,’ are not subject to personal liability under Title VII.”) (quoting Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order)); Hogan v. Mahabir, et al., No. 22-CV-07858, 2023 WL 3628554 , at *1 (E.D.N.Y.
cited Cited as authority (rule) Snowden v. Southerton
S.D.N.Y. · 2023 · confidence medium
Guerra v. Jones, 421 F. App'x 15, 17 (2d Cir. 2011) (summary order).
discussed Cited as authority (rule) Little v. City of New York
E.D.N.Y · 2022 · confidence medium
Palmer v. Shchegol, 406 F. Supp. 3d 224 , 233 (E.D.N.Y. 2016) (“It is well-established that the ADEA and Title VII do not create individual liability.”) (citing Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011)).
discussed Cited as authority (rule) Keesh v. Quick
S.D.N.Y. · 2022 · confidence medium
The Second Circuit has instructed that “a pro se plaintiff ‘should be afforded every reasonable opportunity to demonstrate that he has a valid claim.’” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (quoting Matima v. Celli, 228 F.3d 68, 81 (2d Cir. 2000)). “[L]eave to amend, though liberally granted, may properly be denied for undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.” Va…
discussed Cited as authority (rule) Mansaray v. Krous Security Service
S.D.N.Y. · 2022 · confidence medium
See Raspardo v. Carlone, 770 F.3d 97, 113 (2d Cir. 2014) (“[Title VII] does not create liability in individual supervisors and co-workers who are not the plaintiffs’ actual employers.”); Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (same for the ADEA).
discussed Cited as authority (rule) Thomas v. John Doe
S.D.N.Y. · 2022 · confidence medium
The Second Circuit has instructed that “a pro se plaintiff ‘should be afforded every reasonable opportunity to demonstrate that he has a valid claim.’” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (quoting Matima v. Celli, 228 F.3d 68, 81 (2d Cir. 2000)).
discussed Cited as authority (rule) Jones-Khan v. Westbury Board Of Education-Pless Dickerson
E.D.N.Y · 2022 · confidence medium
July 8, 2014) (“[I]ndividuals are not subject to liability under either Title VII or the ADEA.” (citing Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (ADEA); Patterson v. Cnty. of Oneida, 375 F.3d 206 , 221 (2d Cir. 2004) (Title VII))).
discussed Cited as authority (rule) Tarrant v. City of Mount Vernon
S.D.N.Y. · 2021 · confidence medium
The Second Circuit has instructed that “a pro se plaintiff ‘should be afforded every reasonable opportunity to demonstrate that he has a valid claim.’” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (quoting Matima v. Celli, 228 F.3d 68, 81 (2d Cir. 2000)).
discussed Cited as authority (rule) Ochoa v. New York City Department of Education
S.D.N.Y. · 2021 · confidence medium
Neither Title VII nor ADEA “subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (citing Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2d Cir.1995), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998)).
discussed Cited as authority (rule) Spruill v. Voyant Beauty, LLC (2×)
N.D.N.Y. · 2020 · confidence medium
Jan. 15, 2015) (citing Guerra v. Jones, 421 Fed.
discussed Cited as authority (rule) Curry-Malcolm v. Rochester City School District
2d Cir. · 2020 · confidence medium
FOR THE COURT: Catherine O=Hagan Wolfe, Clerk Williams fail as a matter of law because only employers are liable under these statutes, see Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (per curiam); Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order).
cited Cited as authority (rule) Malcolm v. Rochester City School District
2d Cir. · 2020 · confidence medium
See Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (per curiam); Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order).
discussed Cited as authority (rule) Vasquez v. Yadali
S.D.N.Y. · 2020 · confidence medium
On this point, the Second Circuit has instructed that “a pro se plaintiff ‘should be afforded every reasonable opportunity to demonstrate that he has a valid claim.’” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (quoting Matima v. Celli, 228 F.3d 68, 81 (2d Cir. 2000)).
cited Cited as authority (rule) Malcolm v. Association of Supervisors and Administrators of Rochester
2d Cir. · 2020 · confidence medium
See Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (per curiam); Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order).
cited Cited as authority (rule) Bowman v. New York State Housing and Community Renewal (NYS HCR)
S.D.N.Y. · 2020 · confidence medium
“Neither [Title VII nor the ADEA] subjects individuals, even those with supervisory liability over the plaintiff, to personal liability.” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011).
cited Cited as authority (rule) Gandhi v. NYS Unified Court System
N.D.N.Y. · 2020 · confidence medium
Jan. “15, 2015) (citing Guerra v. Jones, 421 Fed.
cited Cited as authority (rule) Rodriguez v. Batista
S.D.N.Y. · 2020 · confidence medium
July 12, 2018) (citing Querra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order)), report & recommendation adopted, 2018 WL 4347797 (N.D.N.Y.
discussed Cited as authority (rule) Mauro v. New York City Department of Education (2×) also: Cited "see"
S.D.N.Y. · 2020 · confidence medium
Appx. 100 (2d Cir. 2014) ..........................................................................................22 Grady v. Affiliated Central, Inc., 130 F.3d 553 (2d Cir. 1997).....................................................................................................10 Guerra v. Jones, 421 Fed.
discussed Cited as authority (rule) Jarvois v. Ferrara
S.D.N.Y. · 2019 · confidence medium
June 26, 2019) (citing Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (affirming dismissal of Title VII and ADEA claims against individual defendants because “neither statute subjects individuals, even those with supervisory authority over the plaintiff, to personal liability”); see also Williams v. New York City Dep’t of Educ., No. 17-cv-1996 (AJN), 2018 WL 4735713 , at *4 (S.D.N.Y.
cited Cited as authority (rule) Troise v. SUNY Cortland NY
N.D.N.Y. · 2019 · confidence medium
Barnabas Nursing Home, 368 F. App’x 246, 248 (2d Cir. 2010)) (Title VII), and Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (ADEA)).
cited Cited as authority (rule) Jeanty v. Precision Pipeline Solutions LLC
S.D.N.Y. · 2019 · confidence medium
Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order) (internal citations omitted).
discussed Cited as authority (rule) Lopez v. New York City Department of Education
S.D.N.Y. · 2019 · confidence medium
As an initial matter, Plaintiff cannot succeed on his claims against the individual defendants because the ADEA does not “subject | individuals, even those with supervisory authority over the plaintiff, to personal liability.” Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (summary order); see also Williams v. New York City Dep't of Educ., No. 17-CV-1996 (AJN), 2018 WL 4735713 , at *4 (S.D.N.Y.
discussed Cited as authority (rule) Basile v. Levittown United Teachers
E.D.N.Y · 2014 · confidence medium
Guerra v. Jones, 421 Fed.Appx. 15, 17 (2d Cir.2011) (citing Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2d Cir.1995), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998)) (“[Djismissal of the Title VII and ADEA claims against the individual Defendants [is] appropriate as neither statute subjects individuals, even those with supervisory liability over [a] plaintiff, to personal liability.”).
discussed Cited as authority (rule) Blythe v. City of New York
E.D.N.Y · 2013 · confidence medium
The Second Circuit “has recognized that loss of one’s reputation can ... invoke the protections of the Due Process Clause if that loss is coupled with the deprivation of a more tangible interest, such as government employment.” Guerra v. Jones, 421 Fed.Appx. 15, 18 (2d Cir.2011) (quoting Patterson v. City of Utica, 370 F.3d 322, 330 (2d Cir.2004)).
discussed Cited as authority (rule) Wilcox v. Valley Central School District
N.Y. App. Div. · 2013 · confidence medium
In other words, the plaintiff must establish “an allegedly defamatory governmental action together with a loss of employment and the dissemination of the stigmatizing material” (Guerra v Jones, 421 Fed Appx 15, 19 [2d Cir 2011]).
discussed Cited as authority (rule) Wilcox v. Valley Central School District
N.Y. App. Div. · 2013 · confidence medium
In other words, the plaintiff must establish “an allegedly defamatory governmental action together with a loss of employment and the dissemination of the stigmatizing material” (Guerra v Jones, 421 Fed Appx 15, 19 [2d Cir 2011]).
discussed Cited as authority (rule) Miley v. Housing Authority
D. Conn. · 2013 · confidence medium
In his opposition memorandum, Miley argues that the publication requirement may be “satisfied where the stigmatizing charges are placed in the discharged employee’s personnel file and are likely to be disclosed to prospective employers.” Guerra v. Jones, 421 Fed.Appx. 15, 18 (2d Cir.2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Bilal-Edwards v. United Planning Organization
D.D.C. · 2013 · confidence medium
See, e.g., Parikh v. UPS, 491 Fed.Appx. 303, 308 (3d Cir.2012) (“Neither Title VII nor the ADEA provides for individual liability.”); Guerra v. Jones, 421 Fed.Appx. 15, 17 (2d Cir.2011) (“[Dismissal of the ...
cited Cited "see" Idlibi v. Connecticut Department of Public Health
D. Conn. · 2024 · signal: see · confidence high
See Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011); Lodato v. DeJoy, 2024 WL 216655 , at *4 (D.
discussed Cited "see" Gandhi v. NYS Unified Court System
N.D.N.Y. · 2024 · signal: see · confidence high
See Guerra v. Jones, 421 F. App’x 15, 19 (2d Cir. 2011) (“For an at-will government employee . . . an Article 78 hearing provides the requisite post-deprivation process—even if Guerra failed to pursue it.
discussed Cited "see" Muniz v. The City of New York
S.D.N.Y. · 2023 · signal: see · confidence high
See Guerra v. Jones, 421 F. App’x 15, 17 (2d Cir. 2011) (Title VII and ADEA); Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir. 2000) (Title VI); Fellah v. City Univ. of N.Y., No. 20 Civ. 6423 (JPC), 2022 WL 4619902 , at *7 & n.8 (S.D.N.Y.
cited Cited "see" Milner v. Bristol Police Department
D. Conn. · 2023 · signal: see · confidence high
See Guerra v. Jones, 421 F. App’x 15, 17-18 (2d Cir. 2011).
cited Cited "see" Lin v. UT Freight Service (USA) Ltd.
E.D.N.Y · 2022 · signal: see · confidence high
See, Guerra v. Jones, 421 Fed.
Retrieving the full opinion text from the archive…
Domingo P. GUERRA, Plaintiff-Appellant,
v.
Stephen C. JONES, SCSD Superintendent for 2004-2005 School Year, Et Al., Defendants-Appellees
10-1242-cv.
Court of Appeals for the Second Circuit.
Apr 28, 2011.
421 F. App'x 15
Domingo P. Guerra, DeWitt, NY, pro se., Miles Gerard Lawlor, Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse, NY, for Defendants-Appellees.
Sack, Livingston, Lynch.
Cited by 64 opinions  |  Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: E.D. New York (1)

SUMMARY ORDER

Plaintiff-Appellant Domingo Guerra (“Guerra”), proceeding pro se, appeals from the district court’s grant of summary judgment to the Defendants-Appellees (“the Defendants”) with respect to his “stigma-plus” claims and his employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”),[*17] and the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

This Court reviews orders granting summary judgment de novo, focusing on whether the district court properly concluded that there was no genuine issue as to any material fact and that the moving party was entitled to judgment as a matter of law. See Miller v. Wolpoff & Abramson, LLP, 321 F.3d 292, 300 (2d Cir.2003). We are required to resolve all ambiguities and draw all factual inferences in favor of the non-moving party. See Nationwide Life Ins. Co. v. Bankers Leasing Ass’n, 182 F.3d 157, 160 (2d Cir.1999) (citing Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202 (2d Cir.1995)). Summary judgment is appropriate “[wjhere the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

After an independent review of the record and the relevant case law, we conclude that the district court properly granted summary judgment with respect to the Title VII and ADEA claims substantially for the reasons stated in its March 2010 decision. See Guerra v. Jones, No. 5:08-CV0028, 2010 WL 986403, at *6-*8 (N.D.N.Y. March 17, 2010). As the district court concluded, dismissal of the Title VII and ADEA claims against the individual Defendants was appropriate as neither statute subjects individuals, even those with supervisory liability over the plaintiff, to personal liability. See Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2d Cir.1995), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). Moreover, we agree with the district court that Guerra failed to file suit within ninety days of receiving a right-to-sue letter from the EEOC regarding his retaliation claims, as required to bring suit on those claims. See 42 U.S.C. § 2000e-5(f)(l) (Title VII claim); 29 U.S.C. § 626(e) (ADEA claim). Further, the plaintiff failed to demonstrate any extraordinary circumstances meriting application of equitable tolling with respect to that limitations period. See, e.g., Boos v. Runyon, 201 F.3d 178, 185 (2d Cir.2000).

In addition, we conclude that the district court did not abuse its discretion in denying Guerra’s motion to amend his complaint to add the Syracuse City School District as a defendant. Noting that the motion had already been denied by the magistrate judge and that the request came a full sixteen months after Guerra filed his complaint, the district court further proceeded to determine that amending the complaint would be futile in light of the absence of any evidence that the plaintiffs age or race was a motivating factor in his dismissal. While leave to amend should of course be freely granted and, in particular, a pro se plaintiff “should be afforded every reasonable opportunity to demonstrate that he has a valid claim,” Matima v. Celli, 228 F.3d 68, 81 (2d Cir.2000) (quoting Satchell v. Dilworth, 745 F.2d 781, 785 (2d Cir.1984)), here we cannot say the district court abused its discretion in denying the motion in light of the undue delay and futility of the proposed amendment. See Dluhos v. Floating and Abandoned Vessel, Known as New York, 162 F.3d 63, 69-70 (2d Cir.1998).

Guerra also asserts that the grant of summary judgment was improper because he was afforded an insufficient opportunity to conduct discovery prior to the motion for summary judgment. Guerra referenced Rule 56(f) of the Federal Rules of Civil Procedure in opposing summary judgment before the district court and he[*18] raises a number of challenges to discovery rulings on appeal. We review discovery rulings generally and a district court’s denial of a motion under Rule 56(f) specifically for abuse of discretion. See In re Agent Orange Prod. Liab. Litig., 517 F.3d 76, 102 (2d Cir.2008) (discovery rulings); Paddington Partners v. Bouchard, 34 F.3d 1132, 1138 (2d Cir.1994) (Rule 56(f) motions). As a general matter, a district court has “wide latitude” in determining the scope of discovery. In re Agent Orange, 517 F.3d at 103. Here, we cannot say that Guerra demonstrated that the district court failed to afford him “a meaningful opportunity to establish the facts necessary to support his claim,” id., or that its rulings in resolving the numerous motions and objections raised by Guerra in the course of discovery otherwise constituted an abuse of discretion.

Moreover, in opposing summary judgment pursuant to Rule 56(f), a party is required to submit an affidavit which includes “the nature of the uncompleted discovery; how the facts sought are reasonably expected to create a genuine issue of material fact; what efforts the affiant has made to obtain those facts; and why those efforts were. unsuccessful.” Paddington Partners, 34 F.3d at 1138. For both Guerra’s Title VII and ADEA claims against the individual Defendants and his retaliation claims, it is clear that no amount of further discovery would permit him to avoid a grant of summary judgment in the Defendants’ favor, given the unresolvable defects of both sets of claims. Even accounting for Guerra’s pro se status and considering whether he demonstrated an entitlement to additional discovery on claims he sought to add against the school district, he simply failed to identify to the district court — as he failed to do in this Court — any additional discovei'able facts that could “reasonably [be] expected to create a genuine issue of material fact” so as to px*eclude summax"y judgment. As a result, the coux’t did not abuse its discretion in granting summary judgment in the face of Guex-ra’s Rule 56(f)-based objection.

We also conclude that the grant of summary judgment on Guerra’s stigma-plus claims was proper, albeit relying on a different basis than that offered by the district court. This Court has recognized that “[l]oss of one’s reputation can ... invoke the protections of the Due Px'ocess Clause if that loss is coupled with the deprivation of a more tangible interest, such as government employment.” Patterson v. City of Utica, 370 F.3d 322, 330 (2d Cir.2004). While, as the district court noted, a probationary teacher in Guei'ra’s position — an at-will govenxment employee — has no Fourteenth Amendment property interest in continued employment, see Segal v. City of New York, 459 F.3d 207, 212 (2d Cir.2006), for such an employee, “a cause of action under § 1983 for deprivation of a liberty interest without due process of law may arise when an alleged government defamation occurs in the course of dismissal from government employment,” Patterson, 370 F.3d at 330 (emphasis added).

To state a stigma-plus claim in connection with the termination of government employment, then, a plaintiff must first show that the government made stigmatizing statements about the plaintiff that “denigrate the employee’s competence as a professional and impugn the employee’s professional x-eputation in such a fashion as to effectively put a significant roadblock in that employee’s continued ability to practice his or her profession.” Donato v. Plainview-Old Bethpage Cent. Sch. Dist., 96 F.3d 623, 630-31 (2d Cir.1996). “A plaintiff generally is inquired only to x’aise the falsity of these stigmatizing statements as an issue, not prove they are false.” Patterson, 370 F.3d at 330. Second, a plaintiff must prove these stigmatizing[*19] statements were made public. See id. “This requirement is ‘satisfied where the stigmatizing charges are placed in the discharged employee’s personnel file and are likely to be disclosed to prospective employers.’ ” Donato, 96 F.3d at 631-32 (quoting Brandt v. Board of Coop. Educ. Servs., 820 F.2d 41, 45 (2d Cir.1987)). Third, a plaintiff must show the stigmatizing statements were made contemporaneously with the plaintiffs dismissal from government employment. See Patterson, 370 F.3d at 330.

Here, the district court erred when it held that Guerra’s probationary status prevented him from establishing the “plus” element of a stigma-plus claim.- As Guerra correctly points out, he premised his claims upon a deprivation of a liberty interest, not a property interest. The district court further held that “no defamatory or stigmatizing statements were made in reference to Guerra” and that the complained of statements “were in no way ‘published’ ” and “not concurrent in time with Guerra’s dismissal,” albeit without specifying the factual bases for each of these conclusions with respect to the various statements identified by Guerra as supporting his stigma-plus claim. See Guerra, 2010 WL 986403, at *10. However, even if we assume that for at least some statements Guerra could satisfy each of the three elements necessary to establish a “stigma-plus” claim, we must nonetheless conclude that the claim would fail. “The appropriate remedy for a stigma-plus claim premised on a plaintiffs termination from at-will government employment is a post-deprivation name-clearing hearing.” Patterson, 370 F.3d at 335; see also Segal, 459 F.3d at 212-13. “This hearing gives the plaintiff an opportunity to hear and answer first-hand any stigmatizing charges, clearing his name of any false statements made about him, and curing the injury to his reputation.” Patterson, 370 F.3d at 335.

Here, Guerra had available to him adequate process in the form of a post-deprivation Article 78 hearing in state court. Under New York law, to establish a due process liberty interest entitling one to a name-clearing hearing pursuant to Article 78, one must show the same three elements needed to establish a stigma-plus claim: an allegedly defamatory governmental action together with a loss of employment and the dissemination of the stigmatizing material. See Swinton v. Safir, 93 N.Y.2d 758, 764, 697 N.Y.S.2d 869, 720 N.E.2d 89 (1999); see also id. at 765, 697 N.Y.S.2d 869, 720 N.E.2d 89 (“[W]here the discharged employee is seeking only expungement of stigmatizing material in a personnel file ... a likelihood of dissemination is sufficient to trigger one’s right to a departmental name-clearing hearing.”). As a result, we have no reason to believe that Guerra could not have pursued such a hearing in this case. For an at-will government employee — which Guerra was given his status as a probationary teacher at the time the relevant events occurred— “[a]n Article 78 hearing provides the requisite post-deprivation process — even if [Guerra] failed to pursue it.” Anemone v. Metro. Transp. Auth., 629 F.3d 97, 121 (2d Cir.2011). We therefore affirm the grant of summary judgment on Guerra’s stigma-plus claims.

We have considered all of Guerra’s remaining arguments and find them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED.