Alford v. Defense Intelligence Agency

908 F. Supp. 2d 164, 2012 WL 6185726, 2012 U.S. Dist. LEXIS 175594
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 12, 2012
DocketCivil Action No. 10-631 (JEB)
StatusPublished
Cited by11 cases

This text of 908 F. Supp. 2d 164 (Alford v. Defense Intelligence Agency) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alford v. Defense Intelligence Agency, 908 F. Supp. 2d 164, 2012 WL 6185726, 2012 U.S. Dist. LEXIS 175594 (D.C. Cir. 2012).

Opinion

MEMORANDUM OPINION

JAMES E. BOASBERG, District Judge.

Pro se Plaintiff Leroy Alford worked as a management analyst for Defendant Defense Intelligence Agency. After being terminated from his position and subsequently reinstated, he alleges that the Agency repeatedly retaliated against him. He then filed this suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-3(a), and other federal statutes. DIA now moves for summary judgment on the six remaining counts of Plaintiffs Complaint, asserting that his claimed instances of retaliation were not materially adverse employment actions and that, even if they were, Alford has not shown that the Agency’s asserted reasons were in fact pretexts for unlawful retaliation. Because the Court finds that Plaintiff has failed to raise a genuine issue of material fact as to any of the remaining counts, it will grant Defendant’s motion.

I. Background

Plaintiff began his employment with DIA on June 26, 2006, as Deputy Chief of the Force Structure Management and Compensation Office (FE-3). See Statement of Undisputed Material Facts (SUMF), ¶¶ 13-14. He was terminated on September 29, 2007, for unsatisfactory performance. Id., ¶¶ 22, 26. Because Plaintiff had been employed for less than the Agency’s two-year probationary period, he was not given procedural due process. Id., ¶¶ 23-24. Plaintiff then contacted an EEO Counselor and also appealed his termination to the Merit Systems Protection Board. Id., ¶¶ 27-28. He was subsequently reinstated by the Agency on April 9, 2008. Id., ¶ 32. Plaintiff alleges that he was then subjected to numerous forms of retaliation for having filed his EEO and MSPB complaints. See Compl. at 9-11. In April 2010, Alford filed this lawsuit.

DIA moved to dismiss the case or, in the alternative, for summary judgment in September 2010. Plaintiff then responded by moving for a continuance to conduct discovery under Fed.R.Civ.P. 56(d). After the case was transferred to this judge, the Court granted Defendant’s motion in part and denied it in part. See Memorandum Opinion and Order of October 24, 2011 (ECF No. 22). The Court dismissed Plaintiffs non-Title VII claims as well as his discrimination-based Title VII claims, but granted Plaintiffs Rule 56(d) motion as to his Title VII retaliation claims. Id. [169]*169After discovery, DIA brought this Motion for Summary Judgment as to each of Plaintiffs remaining causes of action, which the Court now considers.

II. Legal Standard

Summary judgment may be granted if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Holcomb v. Powell, 433 F.3d 889, 895 (D.C.Cir.2006). A fact is “material” if it is capable of affecting the substantive outcome of the litigation. Holcomb, 433 F.3d at 895; Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505. A dispute is “genuine” if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007); Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505; Holcomb, 433 F.3d at 895. “A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record.” Fed.R.Civ.P. 56(c)(1)(A).

The party seeking summary judgment “bears the heavy burden of establishing that the merits of his case are so clear that expedited action is justified.” Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C.Cir.1987). When a motion for summary judgment is under consideration, “the evidence of the non-movant[s] is to be believed, and all justifiable inferences are to be drawn in [his] favor.” Liberty Lobby, Inc., 477 U.S. at 255, 106 S.Ct. 2505; see also Mastro v. PEPCO, 447 F.3d 843, 850 (D.C.Cir.2006); Aka v. Washington Hospital Center, 156 F.3d 1284, 1288 (D.C.Cir.1998) (en banc). On a motion for summary judgment, the Court must “eschew making credibility determinations or weighing the evidence.” Czekalski v. Peters, 475 F.3d 360, 363 (D.C.Cir. 2007).

The nonmoving party’s opposition, however, must consist of more than mere unsupported allegations or denials and must be supported by affidavits, declarations, or other competent evidence, setting forth specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmovant is required to provide evidence that would permit a reasonable jury to find in its favor. Laningham v. United States Navy, 813 F.2d 1236, 1242 (D.C.Cir. 1987). If the nonmovant’s evidence is “merely colorable” or “not significantly probative,” summary judgment may be granted. Liberty Lobby, Inc., 477 U.S. at 249-50, 106 S.Ct. 2505.

III. Analysis

At this stage, six counts of the Complaint remain. Each cites a specific instance in which, in violation of Title VII, Defendant allegedly retaliated against Plaintiff for engaging in a variety of protected activities, including filing complaints with Defendant’s Equal Employment and Discrimination Office and the Merit Systems Protection Board. Count II complains of his reinstatement without supervisory duties; Count III alleges that he was “not [given] work assignments, duties and responsibilities that were previously assigned [to him] as Deputy” upon his return. See Compl., ¶¶ 52-53. Plaintiff further contends that he was denied overtime (Count VI), placed on a Performance Improvement Plan (PIP) (Count VII), denied the opportunity to serve as acting chief of the office (Count VIII), and given a poor performance review (Count IX). As to Counts III, VI, and IX, Defendant is [170]*170entitled to summary judgment because Plaintiff has not alleged a materially adverse employment action. Defendant is entitled to summary judgment on Counts II, VII, and VIII, moreover, because Alford cannot show that DIA’s reasons were in fact pretexts for retaliation. The Court will address each in turn.

A. Material Adversity

Like its sister circuits, the D.C. Circuit “analyz[es] ... retaliation claim[s] ... us[ing] the burden-shifting framework established by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).” Smith v. District of Columbia,

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Bluebook (online)
908 F. Supp. 2d 164, 2012 WL 6185726, 2012 U.S. Dist. LEXIS 175594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alford-v-defense-intelligence-agency-cadc-2012.