Braun v. U.S. Dep't of the Interior

288 F. Supp. 3d 293
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 13, 2018
DocketCivil Action No. 16–2457 (TJK)
StatusPublished
Cited by22 cases

This text of 288 F. Supp. 3d 293 (Braun v. U.S. Dep't of the Interior) 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
Braun v. U.S. Dep't of the Interior, 288 F. Supp. 3d 293 (D.C. Cir. 2018).

Opinion

TIMOTHY J. KELLY, United States District Judge

Plaintiff Jason Brian Braun, proceeding pro se , is a former employee of the Department of the Interior ("DOI") who was based in Albuquerque, New Mexico. After his employment ended in 2010, Braun brought administrative claims that he had been subject to employment-related misconduct, including discrimination based on disability. Those claims were heard by an *296administrative judge, who granted summary judgment for the agency. DOI adopted the administrative judge's decision. Braun subsequently appealed to the Equal Employment Opportunity Commission (the "EEOC"), which affirmed the dismissal. Braun has brought suit against DOI, the Secretary of the Interior,1 and the EEOC, alleging misconduct in his employment and the post-employment administrative proceedings.

Defendants have moved to dismiss Braun's claims against the EEOC for failure to state a claim. They also ask the Court either to dismiss the claims against DOI and the Secretary of the Interior for improper venue, or to transfer them to the District of New Mexico. See ECF No. 17. For reasons set forth below, the motion will be granted. Braun's claims against the EEOC will be dismissed with prejudice. In addition, the Court agrees that this District is not a proper venue for Braun's remaining claims against DOI and the Secretary of the Interior. Therefore, the case will be transferred to the District of New Mexico.

I. Background

Braun's Complaint appears to assert claims against DOI and the Secretary of the Interior under various federal statutes and regulations, including: Title VII of the Civil Rights Act of 1964 ("Title VII"); the Rehabilitation Act of 1973 ("Rehabilitation Act"), and specifically 29 U.S.C. § 791 ; the Civil Service Reform Act of 1978 ("CSRA"), specifically 5 U.S.C. §§ 2301(b) and 2302 ; 5 U.S.C. § 2108 ; 5 U.S.C. § 3330 ;2 5 U.S.C. § 7203 ; the Americans with Disabilities Act of 1990; criminal statutes dealing with false statements ( 18 U.S.C. § 1001 ), perjury ( 18 U.S.C. § 1621 ), and improper disclosure of confidential information ( 18 U.S.C. § 1905 ); two executive orders, Executive Order 12,674 and Executive Order 13,518 ; and 5 C.F.R. § 2635.100(11) and (13). See ECF No. 1 ("Compl.") at 3.

Braun also asserts claims against the EEOC for violations of its procedures (namely, EEOC Management Directive 110, the EEOC Judges' Handbook, and 29 C.F.R. § 1614.109(a) and (g) ); violations of Federal Rule of Civil Procedure 7(b)(1)(A) -(C); and for criminally obstructing an agency proceeding, 18 U.S.C. § 1505. See Compl. at 3.

Braun alleges that he is a veteran with disabilities arising from his military service. See id. at 4-5. In December 2009, DOI posted a job announcement for an Audiovisual Specialist in Albuquerque. Id. at 4. Braun claims that the job posting was fraudulent because it inaccurately described the position. Id. According to Braun, once he arrived at his new job, he was improperly trained in his unexpected new duties and "set[ ] up" to fail. Id. at 5. He further alleges that DOI made no effort to accommodate his disabilities and that he was subjected to harassment and a hostile work environment, which included being berated in front of other employees. See id. at 4-6. He alleges he was terminated on November 23, 2010. Id. at 6.

After his employment ended, Braun sought administrative relief for this alleged *297misconduct.3 Braun's claims were heard by an administrative judge, who granted summary judgment in favor of DOI on April 14, 2014. See Transfer Mot. at 77.

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288 F. Supp. 3d 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braun-v-us-dept-of-the-interior-cadc-2018.