Full opinion text
DECISION AND AMENDED ORDER MARRERO, District Judge. On February 23, 1999, Plaintiff Pierre Bazile (hereinafter “Bazile”), an officer of the New York City Police Department, filed this action, alleging, inter alia, that he was subjected to a hostile work environment and retaliation by defendants in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (hereinafter “Title VII”), and the New York State Human Rights Law, N.Y. Exec. Law § 290 (hereinafter “NYHRL”), as well as a denial of equal protection, in violation of 42 U.S.C. § 1983. The defendants, including the City of New York, the New York City Police Department (hereinafter the “NYPD”), Captain William Morris, Captain Jeffrey Behrens, Captain Charles Fries, Captain Stephen Donnelley, and Lieutenant Thomas Barry (hereinafter collectively, the “Defendants”), move for summary judgment,. asserting that Bazile has not presented sufficient facts to raise a triable issue in support of his claims. On May 10, 2002, Magistrate Judge Michael H. Dolinger, to whom the matter had been referred for pretrial purposes and disposi-tive motions, issued a Report and Recommendation (hereinafter the “Report”) which recommended the dismissal of Ba-zile’s claims. A copy of the Report is attached hereto and incorporated herein. On May 29, 2002, Bazile filed objections to the Report, asserting that: (1) he presented evidence sufficient to establish an issue of material fact regarding his hostile work environment and retaliation claims; and (2) Magistrate Judge Dolinger improperly excluded the expert testimony of Michael Levine (hereinafter “Levine”). Having conducted a de novo review of the portions of the Report to which Bazile objects, the Court issued an Order on June 27, 2002 granting Defendants’ motion for summary judgment and indicating that the Court’s reasoning would be detailed in a subsequent Order. The June 27, 2002 Order is amended to incorporate the reasons set forth below as the basis for the Court’s conclusion that Bazile failed to establish any genuine issues of material fact. Accordingly, the Court grants the Defendants’ motion for summary judgment. I. FACTUAL BACKGROUND Bazile’s claims arise from an incident on May 22, 1997, in which he shot a small pit bull in the lobby of an apartment building in Far Rockaway, Queens, and the subsequent disciplinary actions against him taken by the NYPD. The incident occurred while Bazile, an officer of the NYPD for four years, was off-duty working as a security guard. (See Dep. of Pierre Bazile, dated June 2, 2000 (hereinafter “Bazile Dep.”), attached as Ex. 2 to the Declaration of Bryan D. Glass, dated June 27, 2000, (hereinafter the “Glass Decl.”), at 43, 49-50.) Bazile discharged his gun eleven times as the dog approached him, and several bullets ricocheted, with one bullet striking Bazile in the face, and another lodging in the bicycle tire of a boy who had just entered the lobby. (See id. at 119-20.) Because Bazile had discharged his revolver, a follow-up investigation was required. (See Letter from Maureen B. Godfrey, NYPD Law Intern to William Lai, Enforcement Supervisor, U.S. Equal Opportunity Commission (hereinafter “Godfrey Letter”), dated June 17, 1998, attached as Ex. L to the Glass Decl., at 2-3.) The NYPD conducted the investigation and later commenced disciplinary proceedings against Bazile. The investigation revealed that Bazile had violated several rules of the Patrol Guide Procedure, which governs the conduct of NYPD police officers. More specifically, two relevant provisions of the Patrol Guide Procedure provide that police officers shall not: (1) discharge their weapons when doing so will unnecessarily endanger innocent persons; or (2) discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat. (See id. at 5.) On September 30, 1997, the Discharge Review Board, which reviews all firearms discharges by NYPD police officers, concluded that Bazile had violated these guidelines. (See Letter of Findings and Recommendations from the Patrol Borough Queens South (hereinafter “P.B.Q.S.”) Firearms Discharge Review Board Chairman to the Dep’t Firearms Discharge Review Board Chairman, dated Sept. 30, 1997, attached as Ex. Q to the Godfrey Letter, at 1.) On December 2, 1997, the Chief of the NYPD concurred, and on March 31, 1998, Bazile was formally charged with violating the two provisions described above. (See Letter of Findings of Dep’t Firearms Discharge Review Board, from the Chief of the Dep’t to the Commanding Officer of the P.B.Q.S., dated Dec. 2, 1997, attached as Ex. C to the Glass Decl., at 1.) Pending the completion of the investigation and the disciplinary proceedings, the NYPD placed Bazile on modified duty in the Brooklyn Court Section, and later on foot patrol in a unit he characterizes as predominantly comprised of minorities. (See Pl.’s Objections to Magistrate Doling-er’s Report and Recommendation (hereinafter “Pl.’s Objections”), dated May 29, 2002, at 3.) Due to the nature of the incident and the unusual response of Bazile, the Discharge Review Board felt that it was necessary to require Bazile to be evaluated by NYPD Psychological Services. (See Dep. of Douglas Ziegler, dated May 15, 2000, attached as Ex. EE to the Glass Decl., at 19, 21-22, 49-50.) Bazile alleges that these actions by the Defendants were motivated by his race and national origin. (See Verified Am. Compl., dated Apr. 16, 1999, at ¶¶ 59, 63, 70, 78, 83.) Bazile spoke with a reporter from the Daily News about his situation, which resulted in an article describing his long wait for formal charges to be filed. (See Gene Mustain, Probe Dogging Cop in Pitt Bull Shooting, Daily News, Dec. 21, 1997, attached to the Glass Decl. as Defs.’ Ex. D (hereinafter “Daily News”).) Bazile also sent a number of letters describing his situation to NYPD supervisors as well as to public officials. (See, e.g., Letter from the President of the Borough of Queens Claire Shulman to NYPD Commissioner Howard Safir, dated January 14, 1998, attached as Ex. F to the Glass Decl., at 1.) On January 20, 1998, Bazile filed a complaint with the Equal Employment Opportunity Commission (hereinafter the “EEOC”). His EEOC complaint focused exclusively on: (1) the length of his modified duty assignment in the Brooklyn Court Section; (2) an alleged unnecessary delay in the NYPD’s investigation; and (3) the referral for a psychological evaluation. (See PL’s Compl., dated Feb. 23, 1999, at 15-17.) On November 30, 1998, the EEOC dismissed Bazile’s complaint and sent him a right to sue letter stating, “there is no evidence supporting your contentions that the laws enforced by the [EEOC] were violated,” and that “it is unlikely that the [EEOC] would find a violation if it invested additional resources in this matter.” (See Letter from EEOC Enforcement Manager Harold F. Wilkes to Bazile, dated Nov. 30, 1998, attached as Ex. S to the Glass Deck, at 1.) II. BAZILE’S OBJECTIONS Bazile objects to the Report in its entirety, claiming that it fails to address the majority of his factual allegations as well as the supporting evidence regarding the adverse employment actions that the Defendants took against him. Bazile first asserts that his Title VII hostile work environment and retaliation claims should not be dismissed on summary judgment because he presented evidence sufficient to establish issues of material fact. (See PL’s Objections at 2.) He further asserts that his hostile environment and retaliation claims under NYHRL and 42 U.S.C. § 1983 should not be dismissed on summary judgment for similar reasons. (See id. at 12.) Additionally, Bazile objects to the exclusion of Levine’s expert testimony. (See id. at 6.) Having reviewed and considered Bazile’s objections in light of the record before it, this Court concludes that all of Bazile’s objections are meritless. III. DISCUSSION A. HOSTILE WORK ENVIRONMENT In the instant case, Bazile bases his hostile work environment claim on both his modified duty assignment in the Brooklyn Court Section and his current walking post assignment. To establish a claim for exposure to a hostile work environment under Title VII, a plaintiff must present sufficient evidence that he was subjected to discriminatory behavior sufficiently severe or pervasive to create a hostile or abusive working environment. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (quoting Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)). The environment must be both objectively hostile or abusive in the eyes of a reasonable person and subjectively hostile in the eyes of the victim. See id. (quoting Meritor Sav. Bank, 477 U.S. at 64, 67, 106 S.Ct. 2399). Where alleged discriminatory conduct occurs prior to the filing of a charge with the EEOC, before commencing a Title VII suit the plaintiff must first exhaust his administrative remedies by presenting his claim to the EEOC within 300 days of the asserted violation. See 42 U.S.C. § 2000e-5; Zipes v. Trans World Airlines, 455 U.S. 385, 393, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982); Legnani v. Alitalia, 274 F.3d 683, 686 (2d Cir.2001) (citations omitted). When a claim relates to conduct that arises subsequent to an EEOC filing, the Court may consider it only if it is “reasonably related” to the matters asserted in the EEOC charge. See Legnani, 274 F.3d at 686; Butts v. City of New York Dep’t of Hous. Pres, and Dev., 990 F.2d 1397, 1401 (2d Cir.1993); see also Hall v. City of New York, No. 00 Civ. 8967, 2002 WL 472057, at *2 (S.D.N.Y. Mar. 27, 2002). In determining whether a claim stated in a judicial action is reasonably related to that alleged in an EEOC proceeding, courts “look not merely to the four corners of the often inarticulately framed charge, but also take into account the ‘scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.’ ” Gomes v. Avco, 964 F.2d 1330, 1334 (2d Cir.1992) (quoting Silver v. Mohasco, 602 F.2d 1083, 1090 (2d Cir.1979)). The “reasonably related” doctrine does not cover a failure to include in the EEOC charge allegations of acts of discrimination which the plaintiff must have been aware of, and which arose prior to the filing of the administrative complaint. See Hall, 2002 WL 472057, at *4. The Magistrate Judge extensively discussed the record with regard to this claim and recommended that Bazile’s hostile environment claim be dismissed because Ba-zile failed to show that the conditions in both the Brooklyn Court Section and his current assignment rose to the level of a hostile work environment, and also because of Bazile’s failure to comply with administrative exhaustion requirements. (See Report at 56.) The Magistrate found that Bazile failed to offer any “evidence that even begins to focus on satisfying the applicable, and quite rigorous standards” to sustain a hostile work environment claim. (Id. at 62.) Furthermore, the Magistrate also found that Bazile failed to make any reference to his working conditions in either location in his EEOC complaint, other than that he was not on regular duty. (See id. at 57.) On the basis of its de novo review of the record in light of Bazile’s objections, the Court concludes that Bazile’s hostile work environment claim fails for the reasons set forth in the factual and legal analysis of the Report. 1. The Brooklyn Court Section Bazile alleges that the hostile work environment he was subjected to in the Brooklyn Court Section was longstanding. (See Pl.’s Rule 56.1 Statement, dated Aug. 25, 2000, at ¶ 17.) Therefore, Defendants’ alleged misconduct, of which Bazile was aware, includes actions which must have occurred prior to the filing of his January 20, 1998 EEOC complaint. (See Pl.’s Compl. at 15.) However, the EEOC complaint did not contain any claim of a hostile work environment. Bazile was moved to his current assignment on February 10, 1999 (see Pl.’s Rule 56.1 Statement at ¶ 1.) Bazile thus failed to file a hostile work environment claim with the EEOC within 300 days of the alleged violation as required under 42 U.S.C. § 2000e-5(e)(l), and is procedurally barred from asserting such a claim in this Court. See Legnani v. Alitalia, 274 F.3d at 686. Moreover, Bazile’s EEOC charge asserted in precise and extensive detail matters relating to the extended modified duty and delays in the NYPD investigation. There is nothing in Bazile’s allegations related to his assignment to the Brooklyn Court Section suggesting a pervasive, abusive environment upon which a rational trier of fact could find that he was subjected to a hostile work environment due to his race or national origin. 2. The Crnrent Walking Post On February 10,1999, Bazile was transferred from the Brooklyn Court Section to his current walking post assignment. (See Pl.’s Rule 56.1 Statement at ¶ 1.) In the instant case, Bazile alleges that he is exposed to a hostile work environment in his current walking post, in addition to the hostile work environment that he was exposed to in the Brooklyn Court Section. Because Bazile was assigned to his current walking post after he filed his January 20, 1998 EEOC charge, he must demonstrate that this claim is reasonably related to the allegations that he asserted in the EEOC charge. See Legnani, 274 F.3d at 686; Butts, 990 F.2d at 1401. Claims are reasonably related to allegations asserted in an EEOC charge when such claims fall within the scope of the EEOC investigation and can reasonably be expected to grow out of the charge. See Butts, 990 F.2d at 1401-03. Based on the information Bazile presented, it is highly unlikely that the EEOC would have investigated a hostile work environment claim. Bazile’s complaint to the EEOC concerned only his lengthy modified duty assignment in the Brooklyn Court Section. He failed to suggest the existence of a hostile work environment anywhere in his EEOC charge. Because Bazile’s current assignment is with an entirely different unit, and he did not mention a hostile work environment anywhere in his EEOC charge, the Court concludes that it is unlikely that the EEOC would have investigated such a charge on the basis of Bazile’s EEOC filing, and that this claim is not reasonably related to any allegations in his EEOC charge. See Hall, 2002 WL 472057, at *4. Accordingly, he is procedurally barred from pursuing such a claim with this Court. See Legnani, 274 F.3d at 686. Furthermore, even if Bazile had exhausted his administrative remedies, his hostile work environment claim would still fail. Bazile did not establish that his work environment was sufficiently severe and hostile to satisfy the requirements of a hostile work environment claim. His only evidence supporting this claim is that the Brooklyn Court Section assignment was viewed as undesirable, and that at his current job he is teased by his fellow officers regarding the pitt bull. (PL’s Rule 56 Statement at ¶ 23.) These allegations are insufficient to satisfy the severe or perva- sive standards of an objectively hostile or abusive work environment. See Harris, 510 U.S. at 21, 114 S.Ct. 367; Mentor Savings Bank, 477 U.S. at 67, 106 S.Ct. 2399; see also Richardson v. New York State Dep’t of Corr. Serv., 180 F.3d 426, 436 (2d Cir.1999). Bazile asserts that because he initially proceeded pro se, the Court should liberally construe his complaint, and therefore the administrative exhaustion requirement for his claims should be waived. (See Pl.’s Objections at 14-15.) However, while “district courts should ‘read the pleadings of a pro se plaintiff liberally and interpret them to raise the strongest arguments they suggest,’ ” proceeding pro se “does not exempt a party from compliance with relevant rules of procedural and substantive law.” Sank v. City Univ. of New York, No. 94 Civ. 0253, 2002 WL 548744, at *6 (S.D.N.Y. Apr. 12, 2002) (citations omitted). For the foregoing reasons, the Court finds that Bazile failed to comply with the “procedural and substantive law” related to his hostile work environment claim. Id. As a result, his former status as a pro se plaintiff is immaterial. B. RETALIATION In order to support a claim of retaliation under Title VII, Bazile must establish that: (1) he engaged in protected activity; (2) his employer was aware of such participation; (3) an adverse employment action followed; and (4) a causal connection between the protected activity and the adverse employment action existed. See Gordon v. New York City Bd. of Educ., 232 F.3d 111, 116 (2d Cir.2000) (quoting Cosgrove v. Sears, 9 F.3d 1033, 1039 (2d Cir.1993)). Additionally, as discussed above, Bazile must exhaust his administrative remedies for claims arising prior to the filing of his EEOC complaint before making a retaliation claim in federal court. See Legnani, 274 F.3d at 686. The Report concluded that Bazile’s retaliation claim fails because Bazile failed to establish the requisite prima facie case. (See Report at 46-52.) More specifically, Bazile failed to establish that he had engaged in activity protected by Title VII. The article in the Daily News only described Bazile’s long wait for formal charges to be filed, and made no mention of the alleged discrimination. (See id. at 42, 46.) Furthermore, the Report finds that Bazile offered no evidence that he made any complaints of discrimination to the reporter. (See id.) Bazile also offered no evidence that the Defendants knew of his participation in his alleged protected activity. (See id.) Finally, the Report found that Bazile did not establish a genuine issue of material fact as to whether the referral for a psychological evaluation was an adverse employment action. (See id. at 47-49.) On the basis of its de novo review of the record in light of Bazile’s objections, the Court, essentially for the reasons set forth in the Report, rejects Bazile’s objections. 1. Exhaustion Bazile makes numerous claims of retaliation, some of which are barred due to his failure to exhaust his administrative remedies. Bazile’s claim that his Brooklyn Court Section assignment was retaliatory is barred because it arose prior to his EEOC charge, and Bazile did not comply with the requirements of administrative exhaustion by pursuing this claim with the EEOC. See Legnani, 274 F.3d at 686. As Bazile is no longer assigned to this post, and 300 days have passed since he was transferred, he is procedurally barred from asserting this claim in this Court. See Zipes, 455 U.S. at 393, 102 S.Ct. 1127. In contrast, because Bazile’s EEOC charge contained allegations that the purpose of the NYPD psychological evaluation was to retaliate against him, this claim is not procedurally barred. Ba-zile asserts numerous other claims related to the NYPD’s alleged retaliation, specifically including through: the filing of disciplinary charges; his conviction; the sanctions imposed; the denial of overtime; the refusal to approve off-duty employment; the failure to grant an integrity hearing; the suggestion of criminal charges; the denial of an OATH hearing; and his current walking post assignment. These claims are not barred by Bazile’s failure to exhaust administrative remedies, as they all relate to NYPD actions taken after and within the scope of his EEOC charge. Thus, these claims would likely have been investigated by the EEOC and are reasonably related to the EEOC charge. See Butts, 990 F.2d at 1401; Legnani, 274 F.3d at 686. 2. Merits Bazile claims that the NYPD retaliated against him through the above actions because he discussed his case with a reporter from the Daily News, filed complaints with internal affairs, and requested help from public officials. {See Pl.’s Objections at 4.) To establish a prima facie case for retaliation under Title VII, Bazile must demonstrate that he engaged in some form of protected activity. See Gordon, 232 F.3d at 116. Protected activities include complaining about unlawful practices under Title VII, see 42 U.S.C. § 2000e-2(a)(1), as well as testifying, assisting, or participating in an investigation, proceeding, or hearing pursuant to Title VII. See 42 U.S.C. § 2000e-3(a). Bazile’s communications with a reporter from the Daily News were not protected under Title VII. There is nothing in the resulting article that mentions discrimination based on race or national origin. {See Daily News.) The focus of the story is the long delay in the NYPD disciplinary proceedings relating to Bazile’s conduct. Nor does Bazile himself allege that he spoke of discrimination based on race or national origin to the reporter. Therefore, his communication with the Daily News is not a protected activity under Title VII. Only one of Bazile’s communications with NYPD internal affairs and other public officials mentions a discriminatory motive behind the NYPD’s actions. {See Letter from Bazile to Commanding Officer of the Brooklyn Court Section, dated June 28, 1998, attached as Ex. M to the Glass Deck, at 2.) To the extent that Bazile’s complaints filed with NYPD internal affairs and communication with various public officials are protected, he has failed to demonstrate a causal connection between the protected activity and the alleged adverse employment actions. See Gordon, 232 F.3d at 116; Am. Compl. at ¶ 19-29; Pl.’s Objections at 3-6. Furthermore, the NYPD has offered. a neutral, non-discriminatory explanation for its actions that is both plausible and reasonable. Bazile, working as an off-duty security guard, fired eleven shots in the lobby of an apartment building at a small, twenty-pound pit bull that was approaching without growling or barking. {See Def.’s Rule 56.1 Statement at 2-3.) While several of the bullets hit his intended target, others struck Bazile’s own face and the bicycle tire of the boy entering the lobby. See id. Such actions demonstrated a plausible reason other than animus based on race or national origin for the NYPD’s decisions to investigate and ultimately discipline Bazile. See, e.g., Richardson v. New York State Dep’t of Corr. Service, 180 F.3d 426, 443 (2d Cir.1999). Bazile presents no evidence that the NYPD explanation was a pretext to conceal an unlawful discriminatory purpose. C. SECTION 1983 CLAIMS Under 42 U.S.C. § 1983, a plaintiff may recover on an equal protection claim if he is treated differently from other similarly situated employees due to his race or national origin. See Annis v. County of Westchester, 136 F.3d 239, 245 (2d Cir.1998). To prove such a claim, a plaintiff must establish that: (1) he was involved in a protected activity; (2) an adverse action was taken against him under color of state law; and (3) a causal connection exists between the two. See Mt. Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977). Where the plaintiff is a government employee, however, he must also demonstrate that the protected activity in which he was engaged related to a matter of general public interest as opposed to a personal grievance. See Waters v. Churchill, 511 U.S. 661, 668, 114 S.Ct. 1878, 128 L.Ed.2d 686 (1994). The Magistrate Judge reviewed Bazile’s § 1983 claims and recommended that they be dismissed because Bazile failed to establish the prima facie case. (See Report at 45, 52-55.) The Court agrees, essentially for the reasons set forth in the Report. As a government employee, Bazile’s speech was not a form of protected activity unless it pertained to a matter of public interest. See Waters, 511 U.S. at 668, 114 S.Ct. 1878. The article in the Daily News referred only to Bazile’s own complaints regarding his particular employment dispute, and his dissatisfaction with his assignment; it did not report any statements by Bazile concerning a matter of general public interest. Bazile’s speech, therefore, did not qualify as protected activity for the purposes of § 1983. (See Report at 53.) Moreover, even if Bazile’s claims did present a matter of public interest, they did not include any complaints of employment actions sufficiently adverse to set out a claim under § 1983. Accordingly, the Court rejects Bazile’s objections and grants judgment dismissing his § 1983 claim. D. EXPERT TESTIMONY Finally, Bazile objects to the exclusion of Levine’s expert testimony about the internal disciplinary procedures of the NYPD and the discriminatory nature of the NYPD’s actions in Bazile’s case. (See PL’s Objections at 6.) Bazile asserts that the Magistrate Judge improperly applied the factors of the test delineated in Dauhert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), when he determined that Levine’s testimony was inadmissible. (See Pl.’s Objections at 7.) Under DaubeH, a court may consider a number of factors before it admits expert opinion testimony. Such factors include whether: (1) the theory on which the expert relies has been tested; (2) the theory has been subject to peer review or publication; (3) the actual or potential rate of error of the theory when applied is known; (4) standards exist and are maintained to govern the theory’s operation; and (5) the theory has been generally accepted by the expert community. See id. at 593-94, 113 S.Ct. 2786. While DaubeH dealt specifically with scientific expert testimony and declined to address technical or other specialized knowledge, see id. at 590 n. 8, 113 S.Ct. 2786, in Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), the Supreme Court held that Daubert’s general holding “setting forth the trial judge’s general ‘gatek-eeping’ obligation applies not only to testimony based on ‘scientific’ knowledge, but also to testimony based on ‘technical’ and ‘other specialized’ knowledge.’ ” Id. at 144, 119 S.Ct. 1167. Furthermore, the factors set forth in Daubert do not constitute a “definitive checklist or test,” id. at 150, 119 S.Ct. 1167 (quoting Daubert, 509 U.S. at 593, 113 S.Ct. 2786), and this “ga-tekeeping inquiry must be tied to the facts of a particular case,” Daubert, 509 U.S. at 591, 113 S.Ct. 2786 (quoting U.S. v. Downing, 753 F.2d 1224, 1242 (3d Cir.1985) (internal quotations omitted)). In deciding if particular testimony is reliable, “the nature of the issue, the expert’s particular expertise, and the subject of his testimony” must be considered. Kumho Tire, 526 U.S. at 150, 119 S.Ct. 1167. First, the court must determine whether the testimony rests on a reliable foundation, or whether the expert’s testimony is “more than subjective belief or unsupported speculation.” Daubert, 509 U.S. at 590, 113 S.Ct. 2786. Second, the testimony must be relevant in that it “fits” the facts of the case. Id. at 591-92, 113 S.Ct. 2786. Finally, it must “assist the trier of fact to understand the evidence or determine a fact in issue.” Id. at 580, 113 S.Ct. 2786; Fed.R.Evid. 702. The Magistrate Judge analyzed Bazile’s claims regarding the admissibility of Levine’s testimony and concluded that it was inadmissible because Levine lacked the necessary qualifications to comment on the methods used by the NYPD to investigate a firearm discharge and to assess the existence of a discriminatory animus behind their actions. (See Report at 39-40.) The Magistrate Judge found that Levine was simply offering his own opinion regarding the relative credibility of the testimony by Bazile and the NYPD officers. (See id. at 40.) Having reviewed the matter de novo, the Court concludes that, for the reasons set forth in the Report’s findings, Levine’s testimony is not admissible under the standards articulated by Dau-bert and Kumho Tire. In the instant case, Bazile seeks to introduce Levine’s testimony to establish that the NYPD’s actions were motivated by a discriminatory animus. On the basis of its review of Levine’s qualifications, the Court finds that Levine lacks the necessary experience and qualifications to testify on this matter. (See Resume of Levine, Pl.’s Ex. 1-A.) Although he does have experience in drug enforcement and in supervision of law enforcement personnel, he has none in conducting internal disciplinary investigations, such as the one involved in the instant case which took place in a large public agency like the NYPD. (See id.) He also has no particular expertise that would qualify to assess whether a discriminatory animus motivated the NYPD in this case. (See id.) Therefore, his testimony is not only based on subjective belief, but also does not fit the facts of the case. See Daubert, 509 U.S. at 590, 113 S.Ct. 2786. Levine’s testimony does not rely upon any theory related to discriminatory motivations, nor are there any standards which control the operation of his opinions. See Id. at 591-92, 113 S.Ct. 2786. The Court finds that his conclusions will be of little value to the finder of fact. The average jury can assess whether or not the NYPD acted with a discriminatory animus without the assistance of Levine’s testimony. See Fed.R.Evid. 702; Daubert, 509 U.S. at 591, 113 S.Ct. 2786. III. CONCLUSION AND ORDER For the reasons set forth above, it is hereby ORDERED that the June 27, 2002 granting Defendants’ summary judgment in this action is amended to incorporate the discussion set forth above, and it is finally ■ ORDERED that the Defendants’ motion for summary judgment is GRANTED. The Clerk of the Court is directed to close this case. SO ORDERED. REPORT & RECOMMENDATION TO THE HONORABLE VICTOR MARRERO, District Judge. DOLINGER, United States Magistrate Judge. Plaintiff Pierre Bazile is an officer in the New York City Police Department. He filed this lawsuit to challenge disciplinary actions taken against him by the Department for his alleged misconduct in shooting a dog in the lobby of a residential building. Plaintiff asserts principally that the Department placed him on modified assignment and then disciplined him because of his race and national origin and because he has spoken out against Department practices that purportedly discriminate against minority officers. He further claims that the disciplinary proceeding denied him due process and equal protection. Finally, he presses claims pertaining to other actions allegedly taken against him by the Department. Thus, he alleges that, while on modified assignment, he was subjected to a hostile work environment, presumably on the basis of race, and that he was defamed by a Department personnel order that recited his disciplinary conviction and sanctioning. Bazile seeks compensatory and punitive damages, as well as other relief, against the City, the Department and four supervisory Department officials. Following the completion .of discovery, defendants have moved for summary judgment. For the reasons that follow, we recommend that the motion be granted. Plaintiff’s Claims We summarize plaintiffs allegations and claims on the basis of his amended complaint, which was authored by his attorney. Although that pleading lists ten separate claims, ultimately they appear to reduce to four separate theories, which are asserted variously against the City, the Department, and the four defendant officials, who are sued in both their personal and their official capacities. First, plaintiff contends that he was subjected to an extended period of modified assignment and a baseless disciplinary proceeding, and that he was unjustly convicted and punished, because of his race or national origin. (An. Compl. at ¶¶ 22 -40, 59, 63, 70; Pltffs Memo at 1-2). Thus, he asserts discrimination claims under 42 U.S.C. §§ 1983 & 1985 and under the New York State Human Rights Law, N.Y. Exec. L. § 290 et seq. and the provisions of New York City Local Law 59, as amended. (Am. Compl. at ¶¶47, 50, 55, 59, 63, 68-69, 74). He appears as well to assert a claim under Title VII against the defendants for disparate treatment, as reflected in his EEO charge, although the complaint does not specifically cite that statute in connection with his disparate-treatment allegations. Second, plaintiff contends that he was the victim of retaliation by the Department for complaining about discriminatory Department policies and practices. Although the complaint is quite vague as to the details of this claim (see id. at ¶¶ 59, 68, 73, 88-91; Pltffs Memo at 2), from the record it appears that plaintiffs assertedly protected activities included his speaking to a Daily News reporter and to various public officials about his treatment while he was on modified assignment both before and after departmental charges were filed against him, his filing a charge with the EEOC and an Article 78 action during the same time period, and his affiliation with a professional organization that has criticized the Department. (Pltffs Rule 56.1 Statement at ¶¶ 1-2, 4-5, 9, 24 and Exs. 7, 15, 16, 21). The alleged retaliation by the Department, as described in the complaint and subsequent papers, included his referral for psychological evaluation and, apparently, the decision by the Police Commissioner to find him guilty of two misconduct charges, which led to the imposition of a one-year probation period and the loss of twenty vacation days. (Am. Compl. at ¶¶ 89-91; Pltffs Rule 56.1 Statement at ¶¶ 6, 9-11 and Ex. 1(S)). Based on these contentions, he asserts retaliation claims under* Title VII and state and local law, and apparently seeks to press a comparable claim under section 1983 for First Amendment retaliation. (Am. Compl. at ¶¶ 59, 72-74, 88-91). Third, plaintiff asserts that he was subjected to a hostile work environment. (Id. at ¶¶ 78-80, 82-86). This claim is apparently based on plaintiffs assignment to the Department’s Brooklyn Court Section for a period of time while charges either were being considered or were pending against him and his current assignment to a foot-patrol in the 33rd Precinct. (Pltffs Rule 56.1 Statement at ¶ 17-18, 22; Pltffs Memo at 11-12). Based on these allegations, he asserts claims arising under Title VII and state and municipal law. Fourth, plaintiff invokes a common-law claim that he labels as “defamation”. (Am. Compl. at ¶ 94). The asserted basis for this claim is the “publication” of a departmental personnel order reciting the fact of his conviction on disciplinary charges and summarizing the sanctions imposed. (Id.). Plaintiff appears to contend that this report was defamatory because the departmental conviction and imposition of sanctions violated a prior order of a State Supreme Court justice, which was affirmed by the Appellate Division. (Id. at ¶¶ 33-35, 94). Plaintiff asserts all of these claims against all of the defendants, both municipal and individual. For relief he seeks back pay with interest, liquidated damages equal to that award, compensatory and punitive damages, attorney’s fees, expert-witness fees and costs. Defendants’ Motion In challenging these claims, defendants offer a variety of arguments, which we summarize in a somewhat different order from that adopted by defendants. First, since Title VII does not permit an employee to sue his supervisors, defendants seek dismissal of all Title VII claims against the individual defendants. (Defts’ Memo at 20-21). Second, they argue that the Police Department is not a suable entity. (Id. at 19). Third, and more substantively, defendants proffer evidence to demonstrate that the challenged decisions by Department officials to place plaintiff on modified assignment, to proceed with departmental charges, and to convict and sanction him on those charges were not based on plaintiffs race or national origin, but rather on his conduct. Thus, they seek summary judgment on plaintiffs disparate-treatment claims under all legal rubrics. (Id. at 6-9, 17). Fourth, defendants target plaintiffs retaliation claims by arguing that he did not engage in prior protected activities and that there is no evidence that the decision-makers knew of such activities. (Id. at 13). Defendants further assert that, in any event, the assertedly adverse actions about which plaintiff complains were not made for retaliatory reasons. (Id. at 12-13). Fifth, defendants seek dismissal of plaintiffs hostile-environment claim on two grounds — that he failed to assert this claim before the EEOC and that he fails, as a matter of law, to demonstrate that he was exposed to such an environment. (Id. at 9-11). Sixth, defendants challenge the defamation claim as barred by (1) plaintiffs failure to file an administrative claim with the City, (2) the individual defendants’ absolute immunity from liability on such a common-law claim, and (3) the truthfulness of the assertedly defamatory statement. (Id. at 17-18, 21). Seventh, defendants argue that, insofar as plaintiff presses constitutional claims, including denial of due process and equal protection, the claims are subject to dismissal because, as a matter of law, Bazile cannot satisfy the governing legal standards. (Id. at 13-14). Alternatively, they say that these claims are barred by collateral estoppel and res judicata, as well as by the Rooker-Feldman doctrine. (Id. at 14-16). Insofar as plaintiff seeks also to invoke 42 U.S.C. § 1985(3) by alleging a conspiracy to discriminate, defendants say that he fails to allege the elements of a conspiracy. (Id. at 16). Finally, they contend that the individual defendants are protected from liability on the constitutional claims by the doctrine of qualified immunity, since they acted reasonably. (Id. at 20-21). Plaintiff has vigorously opposed most, although not all, of the grounds advanced by defendants in support of their motion. In connection with that opposition, plaintiff has proffered a body of materials that is still more voluminous than the record presented by defendants, including a lengthy affidavit by a purported expert on police practices. (Pltffs Ex. 1). ANALYSIS We address the issues raised by defendants’ motion in roughly the same order as we have summarized the grounds for that motion. A. The Title VII Claims Against the Individual Defendants In asserting plaintiffs ten articulated claims, the amended complaint does not distinguish among the defendants. Thus, we assume, as do the defendants, that plaintiff is seeking to assert all of his claims against all of the defendants. Necessarily, then, we read the complaint as pressing the Title VII claims against the individual defendants in their individual capacities. Defendants are correct in arguing that Title VII authorizes suit by an employee only against his employer. See, e.g., Weeks v. New York State (Div. of Parole), 273 F.3d 76, 81 n. 1 (2d Cir.2001); Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir.2000); Cook v. Arrowsmith Shelburne, Inc., 69 F.3d 1235, 1241 n. 2 (2d Cir.1995); Tomka v. Seiler, 66 F.3d 1295, 1317 (2d Cir.1995). Thus, the Title VII claims, insofar as asserted against the individual defendants, must be dismissed. See Wrighten, 232 F.3d at 120; Cook, 69 F.3d at 1241 n. 2. B. The Suit Against the Police Department Under the terms of the City Charter, agencies of the City of New York are not suable entities. Rather, the Charter defines the City as the entity to be sued when seeking legal redress for city government misconduct. N.Y. City Charter § 396. Hence, defendants are correct in seeking dismissal of the entire complaint against the Department. E.g., Ortiz v. Henriquez, 2001 WL 1029411, at *7 (S.D.N.Y. Sep. 7, 2001); Wedderburn v. City of New York, 2000 WL 1877100, at * 1 (S.D.N.Y. Dec. 27, 2000); Williams v. New York City Police Dep’t, 930 F.Supp. 49, 53-54 (S.D.N.Y.1996); Bailey v. New York City Police Dep’t, 910 F.Supp. 116, 117 (S.D.N.Y.1996). fc. Summary Judgment on the Title VII Disparate-Treatment Claims Since defendants seek summary judgment on plaintiffs Title VII disparate-treatment claims, we first summarize the applicable legal standards and then briefly review the pertinent evidentiary record, before we assess this aspect of the motion. For reasons to be noted, we conclude that, as a matter of law, Bazile cannot sustain these claims, and that summary judgment is therefore appropriate. 1. Summary Judgment Standards The court may enter summary judgment only if it concludes that there is no genuine dispute as to any material fact and that, based on the undisputed facts, the moving party is entitled to judgment as a matter of law. See, e.g., Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 68 (2d Cir.2000); Fax Telecommunicaciones Inc. v. AT & T, 138 F.3d 479, 485 (2d Cir.1998); Rule v. Brine, Inc., 85 F.3d 1002, 1011 (2d Cir.1996). It is axiomatic that the role of the court on such a motion “is not to resolve disputed issues of fact but to assess whether there are any factual issues to be tried, while resolving ambiguities and drawing reasonable inferences against the moving party.” Knight v. U.S. Fire Ins. Co., 804 F.2d 9, 11 (2d Cir.1986), cert. denied, 480 U.S. 932, 107 S.Ct. 1570, 94 L.Ed.2d 762 (1987). See, e.g., Kronisch v. United States, 150 F.3d 112, 126 (2d Cir.1998); Rule, 85 F.3d at 1011; Cruden v. Bank of New York, 957 F.2d 961, 975 (2d Cir.1992). The movant bears the initial burden of informing the court of the basis for his motion and identifying those portions of the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” that demonstrate the absence of a genuine issue of material fact. See, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Koch v. Town of Brattleboro, Vermont, 287 F.3d 162, 165 (2d Cir.2002); Gibbs-Alfano v. Burton, 281 F.3d 12, 18 (2d Cir.2002). In making this judgment, the court must view the record in the light most favorable to the non-moving party. See, e.g., Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Hunter v. Bryant, 502 U.S. 224, 233, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991); O’Hara v. Weeks Marine, Inc., 294 F.3d 55, 60-61 (2d Cir.2002). If the non-moving party has the burden of proof on a specific issue, the movant may satisfy his own initial burden by demonstrating the absence of evidence in support of an essential element of the non-moving party’s claim. See, e.g., LaBounty v. Coughlin, 137 F.3d 68, 73 (2d Cir.1998); Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995); Binder v. Long Island Lighting Co., 933 F.2d 187, 191 (2d Cir.1991). If the movant fails to meet his initial burden, the motion will fail even if the opponent does not submit any evidentiary materials to establish a genuine factual issue for trial. See, e.g., Adickes v. S. H. Kress & Co., 398 U.S. 144, 160, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Amaker v. Foley, 274 F.3d 677, 680 (2d Cir.2001); Arce v. Walker, 139 F.3d 329, 338 (2d Cir.1998). If the moving party carries his initial burden, the opposing party must then shoulder the burden of demonstrating a genuine issue of material fact. See, e.g., Celotex, 477 U.S. at 322, 106 S.Ct. 2548; Reeves v. Johnson Controls World Servs., Inc., 140 F.3d 144, 149 (2d Cir.1998); LaBounty, 137 F.3d at 73. In doing so, the opposing party cannot rest on “mere allegations or denials” of the factual assertions of the movant, Fed. R. Civ. P 56(e); see, e.g., Rexnord Holdings, Inc. v. Bidermann, 21 F.3d 522, 525-26 (2d Cir.1994), nor can he rely on his pleadings or on merely conclusory factual allegations. See, e.g., Goenaga, 51 F.3d at 18. He must also “do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Cory)., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Rather, he must present specific evidence in support of his contention that there is a genuine dispute as to one or more of the material facts. See, e.g., Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Rule, 85 F.3d at 1011; Goenaga, 51 F.3d at 18. To demonstrate a “genuine dispute,” the opposing party must come forward with sufficient evidence to permit a reasonable jury to return a verdict in his favor. See, e.g., Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; Cinema North Corp. v. Plaza at Latham Assocs., 867 F.2d 135, 138 (2d Cir.1989). If, however, “the party opposing summary judgment propounds a reasonable conflicting interpretation of a material disputed fact,” summary judgment must be denied. Schering Corp. v. Home Ins. Co., 712 F.2d 4, 9-10 (2d Cir.1983) (citing New York State Energy Research & Dev. Auth. v. Nuclear Fuel Servs., Inc., 666 F.2d 787, 790 (2d Cir.1981)). See e.g., Whidbee, 223 F.3d at 68; Rogath v. Siebenmann, 129 F.3d 261, 266-67 (2d Cir.1997). 2. Criteria for Disparate-Treatment Claims Before applying these standards to the current record, we summarize the legal criteria by which a Title VII claim such as those asserted by plaintiff must be judged. Those standards have been frequently articulated and reflect an oft-described burden-shifting process. To establish a claim for disparate treatment based on race or national origin, the plaintiff must demonstrate that he was subjected to an adverse employment action, and that his race or national origin was a motivating factor in the action. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Weeks, 273 F.3d at 85. The first step in undertaking such a showing involves proof of a prima facie case. See, e.g., Reeves v. Sanderson Plumbing, 530 U.S. 133, 142, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000); Windham v. Time Warner, Inc., 275 F.3d 179, 187 (2d Cir.2001). Plaintiffs burden to establish a prima fa-cie case is “minimal”. Fisher v. Vassar College, 114 F.3d 1332, 1335 (2d Cir.1997) (en banc). He need only demonstrate that he belongs to a protected class, that he was subjected to adverse action by his employer in connection with his job performance, and that this action.took place in circumstances suggesting that it was motivated by race- or national-origin-based animus. See, e.g., Farias v. Instructional Systems, Inc., 259 F.3d 91, 93 (2d Cir.2001). If plaintiff makes this showing, defendant is required to proffer evidence that its actions were in fact motivated by a neutral, or non-discriminatory, purpose. See, e.g., Reeves, 530 U.S. at 142, 120 S.Ct. 2097; Weinstock v. Columbia Univ., 224 F.3d 33, 42 (2d Cir.2000). If defendant can articulate such a non-discriminatory reason for its actions, the burden-shifting process is at an end, and the plaintiff is left with the obligation of demonstrating that the proffered neutral explanation is a pretext and that discriminatory animus was in fact a motivating factor in the action. Reeves, 530 U.S. at 143, 120 S.Ct. 2097; Weinstock, 224 F.3d at 42; Fisher, 114 F.3d at 1336. In this case, plaintiff complains of at least two purportedly discriminatory types of actions by defendants. One involves the filing of disciplinary charges and his conviction on those charges. The other concerns his assignment, while the charges pended, to lengthy modified duty in an undesirable job within the Department. The latter complaint is a garden-variety claim of employment discrimination, and is subject to the burden-shifting process that we have described, whereas the other amounts to a claim of selective prosecution or selective enforcement, which is also a violation of the Fourteenth Amendment. In the context of a claim based on selective prosecution or enforcement, the orc[er of proof may be more compactly summarized. Briefly, the plaintiff must demonstrate (1) that, “compared with others similarly situated, [he] was selectively treated; and (2) [that] such selective treatment was based on impermissible considerations such as race, religion, intent to inhibit or punish the exercise of constitutional rights, or malicious or bad faith intent to injure a person.” Crowley v. Courville, 76 F.3d 47, 52-53 (2d Cir.1996). Accord, Harlen Assocs. v. Incorporated Village of Mineola, 273 F.3d 494, 499 (2d Cir.2001); Diesel v. Town of Lewisboro, 232 F.3d 92, 103 (2d Cir.2000). 3. The Pertinent Evidence With these criteria in mind, we summarize the pertinent evidence, much of which is not in dispute, although the parties hotly contest what inferences are permissible from the known facts. To the extent that there are conflicts in the competent evidence offered by the parties, we take, note of those conflicts. (1). Plaintiff’s Initial Departmental Experience Plaintiff began his employment as an officer with the New York City Police Department in August 1993. (Bazile Dep. at 24). Prior to the incident that led to the current lawsuit, he had one significant performance-related problem. On August 15, 1995, while still in his probationary period with the Department, Bazile was involved in a vehicular accident while driving a patrol car. He left the scene of that accident and failed to report it to his supervisors. (Bazile Dep. at 29; Request for Formal Charges and Specifications, Ex. L to Defts’ Ex. L). As a result, the Department removed his firearm, placed him on modified duty and served him with charges and specifications. (Bazile Dep. at 29; Request for Formal Charges and Specifications, Ex. L to Defts’ Ex. L). Bazile subsequently entered a negotiated plea that resulted in a suspension -with loss of pay and an extension of his probationary period by six months. (Bazile Dep. at 29). (2). The Shooting Incident and its Aftermath Plaintiff ultimately became a full-time officer with the Department and was assigned to the 28th Precinct. (Bazile Dep. at 30). On May 11, 1997 Bazile was off-duty, working as a security guard for Copstat Security. (Bazile Dep. at 43, 49-50; Morris Dep. at 59). That morning he escorted a nurse, Ms. Loreen Bourne, into the public lobby of the Edgemere House apartments, a public housing project in Far Rockaway, Queens. (Bazile Dep. at 50-51; Morris Dep. at 66). While plaintiff and Ms. Bourne waited for an elevator, a dog entered the lobby from the street and approached plaintiff. (GO-15 Tr. at 7, Defts’ Ex. B). Apparently feeling threatened, the officer retreated down a hallway off the lobby but also pulled out a nine-millimeter service revolver and discharged eleven shots in the direction of the dog. (Id. at 9-14; Morris Dep. at 53; Fries Dep. at 21; Firearms Discharge Assault Report, Pltffs Ex. 18). Three struck the dog and several ricocheted and struck plaintiff in the face. (Complaint Follow-up Form dated May 15, 1997, Pltffs Ex. 1(N); Bazile Dep. at 119-20). One bullet or bullet fragment ended up impaled in the bicycle tire of a teenager near the front entrance of the lobby. (GO-15 Tr. at 17, Defts’ Ex. B; Crime Scene Unit Supplementary Report at 3, Pltffs Ex. 6). The dog was later removed to an animal hospital and euthanized there. (Bazile Dep. at 119; Morris Dep. at 45; May 15 Complaint Follow-up, Pltffs Ex. 1(N)). Because plaintiff had discharged his revolver, the Patrol Guide required an immediate follow-up departmental investigation. (Patrol Guide 116-20, Ex. G to Defts’ Ex. L). That investigation was assigned to then-duty captain, and now defendant, William Morris and to Deputy Inspector Charles Doonan. (Morris Dep. at 6-7, 14; Bazile Dep. at 107). According to Captain Morris, at the outset of the investigation, Queens Assistant District Attorney Phyllis Weiss requested that the Department refrain from interviewing plaintiff at that time because the Queens County District Attorney’s Office intended to investigate the incident. (Morris Dep. at 32). Captain Morris spoke to the owners of the dog, who, not surprisingly, expressed concern about the shooting of their dog inside the building lobby. (Morris Dep. at 21-23, 26). Following that interview and an on-site inspection, Morris promptly prepared the required report about the incident and issued it the same day as the shooting. (Initial Firearms Discharge Report, Ex. N to Defts’ Ex. L). In the report, which he apparently discussed with Inspector Doonan, who discussed it with Chief Tuller (Morris Dep. at 30-32), he made no recommendation as to whether plaintiff should be disciplined, an omission that he attributed to the pendency of the District Attorney’s investigation. (See Initial Firearms Discharge Report, Ex. N to Defts’ Ex. L; Morris Dep at 29, 32, 39). Nonetheless, Morris believed that plaintiff may have endangered innocent lives by his conduct, a conclusion that Morris based on the number of rounds fired, the small size of the dog (estimated at twenty pounds) (July 27 Admin. Trial Tr. at 33-34, Defts’ Ex. 0; see also id. at 58), the confined space of the lobby and the fact that one of the bullets had struck a boy’s bicycle in the front of the lobby. (Morris Dep. at 62-64, 76-77). Following the issuance of Captain Morris’s report, Bazile was placed on modified assignment. (Report of Suspension/Modified Assignment dated May 11, 1997, Defts’ Ex. A; Morris Dep. at 28-32; Ba-zile Dep. at 95). While in that status, plaintiff was assigned to perform administrative tasks in the Brooklyn Court Section of the Department. (Bazile Dep. at 35-36; NYPD Position Statement at 5, Defts’ Ex. L). During the period of his modified duty, he continued to receive the same compensation as on regular assignment. (Bazile Dep. at 39-41). In addition to the initial firearms discharge report, Captain Morris prepared a second report, pursuant to Patrol Guide 118-12, which he transmitted to the First Deputy Commissioner. (Morris Dep. at 33-34; Report from Duty Captain to First Deputy Commissioner, Ex. 0 to Defts’ Ex. L;). In that report, he recounted the shooting incident in some detail and advised that Bazile had been placed on modified assignment pending further investigation and that he had not yet been interviewed because of a request from the Queens District Attorney. (Morris Dep. at 33-34; Report from Duty Captain to First Deputy Commissioner, Ex. 0 to Defts’ Ex. L, at ¶¶ 12-13). On August 18, 1997, as required by Patrol Guide 118-09, plaintiff underwent a so-called GO-15 interview about the incident. (Patrol Guide 118-09, Ex. F to Defts’ Ex. L; GO-15 Tr., Defts’ Ex. B). The interview was conducted by three officials from the 101st Precinct and Patrol Borough Queens South — defendants Captain Jeffrey Behrens, Captain Charles Fries and Captain Steven Donnelley. (GO-15 Tr. at 2, Pltffs Ex. 1(H); Donnel-ley Dep. at 6; Behrens Dep. at 17; Fries Dep. at 9). Two weeks after the GO-15 interview, on September 3, 1997 Captain Behrens submitted a Final Firearms Discharge Report to the Chief of Department. (Final Firearms Discharge Report dated Sept. 3, 1997, Ex. P to Defts’ Ex. L; Behrens Dep. at 10; Fries Dep. at 22). This report, which was authored by Behrens and concurred in by Captain Fries, concluded that Bazile had violated two paragraphs of section 104-01 of the Patrol Guide. These provide that “Police Officers shall not discharge their weapons when doing so will unnecessarily endanger innocent persons” and that “Police Officers shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat.” (Patrol Guide 104-01(b) & (h), Ex. I to Defts’ Ex. L; Final Firearms Discharge Report at ¶ 14, Ex. P to Defts’ Ex. L). The Patrol Borough Queens South Firearms Discharge Review Board is responsible for reviewing all officer shooting incidents in Queens. (Ziegler Dep. at 16). On September 30, 1997, the Board reviewed the incident involving Officer Bazile. (Ziegler Dep. at 10-11; Memo from Chief Douglas Ziegler, Ex. Q to Defts’ Ex. L). The five-member Board concluded that plaintiff had violated Department guidelines, and it recommended to the Chief of the Department Firearms Discharge Review Board that Bazile be served with charges and specifications as well as given additional firearms instructions. (Ziegler Memo, Ex. Q to Defts’ Ex. L). On December 2, 1997, the Chief of the Department concurred with this recommendation, and on or about March 31, 1998, the Department Advocate’s Office approved the issuance of the two specific charges. (Findings of Dept. Firearms Discharge Review Board, Defts’ Ex. C; Pltffs Ex. 1(G)). In late December 1997 — prior to the formal filing of charges — Deputy Chief Douglas Ziegler, the Chairman of the South Queens Firearms Board, asked that plaintiff be evaluated by the Department’s Psychological Services. (Ziegler Dep. at 19, 21-22, 49-50; Telephone Referral Report dated Dec. 22, 1997, Defts’ Ex. E; Bazile Dep. at 96, 97-98, 112). According to Chief Ziegler, his request was based on the fact that Bazile had “discharg[ed] a firearm eleven times in a public lobby with people around.” (Ziegler Dep. at 49-50). Based on this directive, defendant Lieutenant Thomas Barry, an Integrity Control Officer in the Department’s Brooklyn Court Section and plaintiffs ultimate supervisor, arranged for that referral. (Barry Dep. at 5, 11-12, 17; Tel. Referral Report, Defts’ Ex. E; Bazile Dep. at 96, 98, 112, 138). There is no indication in the record that this referral, or any conclusions reached as a result of the evaluation, affected plaintiffs job assignment or status in the Department. In the wake of the filing of charges and specifications against Bazile in March 1998 (Charges & Specifications, Defts’ Ex. K), he pled not guilty, and received a departmental administrative trial. The trial was held on July 27 and August 10, 1998, and was conducted by the Department’s Deputy Commissioner of Trials Rae Downs Koshetz. (Admin Trial Tr., Defts’ Ex. O). During that proceeding, Bazile was represented by counsel and was permitted to testify and call witnesses, to offer exhibits and to cross-examine Department Advocate witnesses. (Id.; Bazile Dep. at 92-93). The witnesses included an investigating police sergeant, who reported, among other things, that one of the bullets that Bazile had fired in the lobby of the building had struck a teenager’s bicycle at the front of the lobby as the boy was bringing the bike into the building. (July 27 Admin. Trial Tr. 29, 36, Defts’ Ex. 0. The sergeant also testified to his understanding that the dog was a mixed breed, although apparently part Pit Bull, and that it weighed about twenty pounds. (Id at 33, 35). Loreen Bourne also testified and recalled that she had seen the dog enter the lobby, dragging his chain, but that she had not heard him bark or snarl. (Id. at 57) According to Ms. Bourne, she did not see Bazile from the time she saw the dog until when the shooting stopped, at which time he said “let’s get out of here” and then ran out of the building with her to her car. (Id. at 57, 58). She also testified that she had not been afraid of the dog, but that she had been “panicked” by the shooting. (Id.). Bazile testified that when he saw the Pit Bull coming at him in the lobby, he had said “something to the effect of ‘oh'no, it’s a Pit Bull’ ” to Ms. Bourne. (Aug. 10 Admin. Trial Tr. 17). He conceded that the dog had not barked or snarled at him and had not bitten him. (Id. at 52-53). Nonetheless, he reported feeling trapped and threatened because the dog had entered the lobby rapidly and approached him rapidly, while “baring” its teeth, and he explained his use of his firearm on that basis. (Id. at 19, 20, 58-59). He stated that he had been told that he had fired eleven shots. (Id. at 38). He also offered the hearing officer a book about Pit Bulls, which she received in evidence, although she noted that the book advised that such dogs can make good pets. (Id. at 69, 71). Finally, he referred to other incidents involving police officers who had been menaced or bitten by Pit Bulls. (Id. at 66-67). Following the conclusion of the hearing, Deputy Commissioner Koshetz issued a report and recommendation on December 22, 1998 addressed to Police Commissioner Howard Safir. (Defts’ Ex. T). In that decision, she found p