Dews-Miller v. Rice

• Court: District Court, District of Columbia
• Decided: April 27, 2010
• Docket: Civil Action No. 2006-1764
• Status: Published

Opinion

Dews-Miller v. Clinton, No. 06-cv-1764 (D.D.C. April 27, 2010) APPENDIX A: Summary of Counts in Amended Complaint CITED COUNT NO. DESCRIPTION PROCEDURAL HISTORY AUTHORITY*

Reprisal for Pl.’s disclosure of employees’ misuse of AmEx accounts  Raised under Whistleblower Protection and for Pl.’s prior EEOC activity.  Whistleblower Act in 1995 and 1996 OSC complaints  Received two “minimally successful” Protection Act (except “minimally successful” I ratings of 1989, 5 ratings).  Placed on AWOL status U.S.C. § 2302  Raised under Title VII in March 28,  Title VII  Denied a Within Grade Increase 1996 OCR Complaint; exhausted through EEOC process.  Terminated on December 9, 1996 Failure to comply with procedural II requirements to counsel/assist  Never raised before under the CSRA. employees with “minimally successful”  CSRA: 5 U.S.C. § 1101  Raised under Title VII in March 28, ratings 5 U.S.C. § 4302 1996 OCR Complaint; exhausted through III  From 5/1/94 - 1/24/95 (Count II) EEOC process.  From 2/1/95 - 7/31/95 (Count III) Def.’s acts and omissions constitute violations of First and Fifth Amendments  Right to free speech and association IV  Liberty  Constitution  Never raised before.  Procedural due process  Substantive due process  Equal protection  Privacy

V Def. failed to provide Pl. with at least 30 days’ written notice prior to: VI  Termination (Count V)  Denial of Within Grade Increase  Never raised before under the CSRA. (Count VI)  CSRA: VII 5 U.S.C. § 7513  Arguably within scope of 3/28/96 OCR  Termination of appt. to OIG (Count Title VII complaint. VII) VIII  Conversion of career appt. to temporary appt. (Count VIII) IX  Placement on AWOL (Count IX) Dews-Miller v. Clinton, No. 06-cv-1764 (D.D.C. April 2, 2010) APPENDIX A: Summary of Counts in Amended Complaint CITED COUNT NO. DESCRIPTION PROCEDURAL HISTORY AUTHORITY*

 Never raised before under regulation. Failure to comply with 1989 EEOC No notice from EEOC of right to file X decision directing Def. USIA to pay  29 C.F.R. § claim in court. 1614.108 Pl. for time placed on AWOL  Arguably within scope of 3/28/96 OCR Title VII complaint.

 Violation of  Raised under Title VII in 10/10/95 OCR Failure to generate a SF-50 for complaint and in the 1998 Case, and XI 1995 Settlement detail to Office of Comptroller as a breach of contract claim in the Agreement 1998 Case.  Never raised before as breach of Failure to pay overtime at Office of  Violation of contract claim. XII 1995 Settlement Comptroller Agreement  Arguably within scope of 3/28/96 OCR Title VII complaint.  Never raised before as breach of Failure to promote Plaintiff during  Violation of contract claim. XIII 1995 Settlement O/C detail pursuant to Manual Agreement  Arguably within scope of 3/28/96 OCR Title VII complaint. Agreement is void for vagueness -  Never raised before as breach of failure to provide clear standards  Violation of contract claim. XIV 1995 Settlement for position held at Office of Agreement  Not within scope of 3/28/96 OCR Title Comptroller VII complaint.

 Violation of  Raised under Title VII in 10/10/95 OCR Failure to provide training for new complaint and in the 1998 Case, and XV 1995 Settlement position. as a breach of contract claim in the Agreement 1998 Case.  Never raised before as breach of Agreement purported to obligate  Violation of contract claim. XVI Office of Personnel to place Pl., but 1995 Settlement Office of Personnel didn’t sign. Agreement  Not within scope of 3/28/96 OCR Title VII complaint.  Never raised before as breach of USIA didn’t meet obligation re:  Violation of contract claim. XVII performance evaluations during 3- 1995 Settlement month probationary period. Agreement  Arguably within scope of 3/28/96 OCR Title VII complaint.

2 Dews-Miller v. Clinton, No. 06-cv-1764 (D.D.C. April 2, 2010) APPENDIX A: Summary of Counts in Amended Complaint CITED COUNT NO. DESCRIPTION PROCEDURAL HISTORY AUTHORITY*

 Never raised before as breach of USIA didn’t rate Pl.’s performance at  Violation of contract claim. XVIII 1995 Settlement end of 3-month probationary period. Agreement  Arguably within scope of 3/28/96 OCR Title VII complaint.  Never raised before as breach of Agreement didn’t require Def. to act  Violation of contract claim. XIX 1995 Settlement in good faith. Agreement  Not within scope of 3/28/96 OCR Title VII complaint.

XX (none)

 Violation of  Raised under Title VII in 10/10/95 OCR O/C failed to counsel Pl. before complaint and in the 1998 Case, and XXI 1995 Settlement “minimally successful” rating as a breach of contract claim in the Agreement 1998 Case.  Never raised before as breach of USIA failed to keep terms of  Violation of contract claim. XXII 1995 Settlement Agreement confidential. Agreement  Arguably within scope of 3/28/96 OCR Title VII complaint.

*Plaintiff argues in her Opposition to Defendant’s Motion to Dismiss or, in the Alternative, for Summary Judgment that the entire pro se Amended Complaint is brought under Title VII.