Ashbourne v. Hansberry

302 F. Supp. 3d 338
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 27, 2018
DocketCivil Action No. 17–752 (EGS)
StatusPublished
Cited by5 cases

This text of 302 F. Supp. 3d 338 (Ashbourne v. Hansberry) 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
Ashbourne v. Hansberry, 302 F. Supp. 3d 338 (D.C. Cir. 2018).

Opinion

Emmet G. Sullivan, United States District Judge *343Plaintiff Anica Ashbourne ("Ms. Ashbourne"), an attorney proceeding pro se , brings this action against the U.S. Treasury Department ("Treasury") Secretary in his official capacity and three Treasury employees-Donna Hansberry, Donna Prestia, and Thomas Collins-in their official and individual capacities. Ms. Ashbourne also sues the U.S. Department of Homeland Security ("DHS") Secretary in his official capacity and two DHS employees-James Trommatter and Thomas Harker-in their individual and official capacities. Ms. Ashbourne alleges that the defendants violated the Privacy Act, 5 U.S.C. § 552a et seq. , and denied her due process in violation of the Fifth Amendment.1 Pending before the Court is (1) defendants' motion to dismiss Ms. Ashbourne's complaint, see Defs.' Mot. to Dismiss, ECF No. 8;2 (2) Ms. Ashbourne's motion for an extension of time to serve the individual defendants and use alternative means of service of process, see Pl.'s Service Mot., ECF No. 13; and (3) Ms. Ashbourne's motion to stay the case, see Pl.'s Mot. to Stay, ECF No. 2. Upon consideration of the motions, the responses, the replies, and the applicable law, (1) the defendants' motion to dismiss is GRANTED in PART and DENIED in PART ; (2) Ms. Ashbourne's service motion is DENIED ; and (3) Ms. Ashbourne's motion to stay is GRANTED , albeit on different grounds.

I. Ms. Ashbourne's Claims Against the Treasury Secretary and the Individual Treasury Employees are Dismissed

Ms. Ashbourne sues the Treasury defendants in their official and individual capacities for Privacy Act and due process violations, alleging they "falsified [her] personnel records and then used those records to publicly terminate [her] amidst stigmatizing charges of dishonesty." Compl., ECF No. 1 ¶¶ 2-4, 7. The defendants move to dismiss these claims against as barred under the doctrine of res judicata .3 See Defs.' Mot. to Dismiss, ECF No. 8 at 14-15.4 In Ashbourne v. Hansberry (" Ashbourne I "), Ms. Ashbourne sued the same defendants for allegedly violating the *344Privacy Act and the Fifth Amendment. 5 Civ. No. 12-1153-BAH, 2015 WL 11303198 at *5 n. 6 (D.D.C. Nov. 24, 2015). Chief Judge Howell dismissed Ms. Ashbourne's due process claim and granted defendants' motion for summary judgment as to the Privacy Act claims. Id., aff'd 703 Fed.Appx. 3 (Mem.) (D.C. Cir. 2017).

"The preclusive effect of a judgment is defined by claim preclusion and issue preclusion, which are collectively referred to as 'res judicata.' " Taylor v. Sturgell , 553 U.S. 880, 892, 128 S.Ct. 2161, 171 L.Ed.2d 155 (2008). "Under claim preclusion, 'a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in [a prior] action.' " Sheppard v. District of Columbia , 791 F.Supp.2d 1, 4 (D.D.C. 2011) (quoting Drake v. FAA , 291 F.3d 59, 66 (D.C. Cir. 2002) )(additional citation omitted). To determine whether the claims are barred by res judicata, the Court considers "if there has been prior litigation (1) involving the same claims or cause of action, (2) between the same parties or their privies, and (3) there has been a final, valid judgment on the merits, (4) by a court of competent jurisdiction." Nat. Res. Def. Council v. EPA , 513 F.3d 257, 260 (D.C. Cir. 2008) (quotation and citation omitted).

In Ashbourne I , Ms. Ashbourne sued the Treasury Department, Ms. Hansberry, Ms. Prestia, and Mr. Collins for due process and Privacy Act violations, alleging that the defendants (1) failed to maintain accurate records, (2) improperly disclosed her protected records, and (3)damaged her reputation by making "stigmatizing charges [that] were false," in violation of due process. See Consolidated Am. Compl., ECF No. 49 ( Ashbourne I , 12-cv-1153 ). In this case, Ms. Ashbourne alleges that the same defendants "falsified [her] personnel records and then used those records to publicly terminate [her] amidst stigmatizing charges of dishonesty." Compl., ECF No. 1 ¶¶ 2-4, 7. Her present case is therefore barred against the Treasury defendants because it involves the same defendants, implicates the same underlying facts, and encompasses the same Privacy Act and due process claims that were previously litigated in Ashbourne I . See 2015 WL 11303198 ; see also Ashbourne v. Hansberry ("Ashbourne II "), 245 F.Supp.3d 99, 103-06 (D.D.C. 2017) (dismissing as barred by res judicata Ms. Ashbourne's Title VII claims against the same defendants)(appeal pending).6

Ms. Ashbourne's argument to the contrary, that res judicata does not bar her claims against the Treasury defendants because she added new DHS defendants, is unavailing. S ee Pl.'s Opp'n Mot. to Dismiss, ECF No. 11 at 6-7. Rather than alleging new claims against the Treasury defendants, Ms. Ashbourne reasserts the same claims that were already litigated in Ashbourne I . Compare Compl., ECF No. 1, with Consolidated Am. Compl., ECF No. 49 ( Ashbourne I , 12-cv-1153 ). Adding three defendants to her complaint does not entitle her to re-litigate the same, fully adjudicated claims against the Treasury defendants. See Sparrow v. Reynolds , 646 F.Supp. 834, 838 (D.D.C. 1986) (dismissing plaintiff's claim as barred by res judicata despite the addition of at least one new defendant). Ms. Ashbourne's claims against the Treasury Secretary and individual defendants Donna Hansberry, Donna Prestia, and Thomas Collins in their individual and official capacities are therefore

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Bluebook (online)
302 F. Supp. 3d 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashbourne-v-hansberry-cadc-2018.