Fawziya Ahmed Musah Dollah v. Secretary of Defense and Secretary of the Navy

District Court, S.D. New York·Decided April 10, 2026·No. 1:24-cv-09166·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FAWZIYA AHMED MUSAH DOLLAH, Plaintiff, OPINION & ORDER ~ agamst — 24 Civ. 9166 (ER) SECRETARY OF DEFENSE and SECRETARY OF THE NAVY, Defendants.

Ramos, D_J:: Fawziya Ahmed Musah Dollah brings suit against the Secretary of Defense and the Secretary of the Navy (the “Government”), alleging that the Navy “intentionally and systematically delayed” her application for enlistment to the Navy on the basis of her HIV status. Second Amended Complaint, Doc. 28 fff 1, 28 (hereinafter “SAC”). Dollah seeks monetary damages and “any other reasonable relief” under the Rehabilitation Act, 29 U.S.C. § 791. SAC at 2, 6. Before the Court is the Government’s motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Doc. 32 at 6. For the reasons set forth below, the motion to dismiss pursuant to Rule 12(b)(1) is GRANTED. I. BACKGROUND A. Factual Background! On March 18, 2024, Dollah began the recruitment process with the U.S. Navy at a Navy Recruiting Station in the Bronx, New York. SAC § 5; Doc. 1 at 4. At Navy Officer Henry Leon’s direction, Dollah visited the Military Entrance Processing Station ! The following facts are drawn from allegations in the SAC, which the Court accepts as true for the purposes of this motion. See Koch v. Christie’s International PLC, 699 F.3d 141, 145 (2d Cir. 2012). In addition, when a pro se plaintiffs opposition papers raise new allegations that are “consistent with the allegations contained in the complaint, they may be read as supplements to the pleadings.” Vail v. City of New York, 68 F. Supp. 3d 412, 427 (S.D.N_Y. 2014) (citation modified). The Court also notes that the SAC includes several icons that suggest that Dollah attempted to attach additional documents to the SAC. See SAC 97 8. 33-36. But because these documents cannot be opened. the Court cannot review or consider them in this motion. However. the Court considers any information and allegations that Dollah presents in her papers regarding these documents, so long as they are consistent with the SAC.

(“MEPS”), renewed her Social Security card, and provided various documents, including her birth certificate, school transcript, and a proof of religion letter as part of her request for a religious accommodation to cover her head during boot camp.” SAC § 5-6. Dollah also took and passed the Armed Services Vocational Aptitude Battery (“ASVAB”) test with the required score of 31 in April 2024. Doc. 36 at 8. Throughout the recruitment process, Dollah experienced numerous issues with Officer Henry, as he repeatedly lost important documents or provided no update on their approval. SAC 4 2, 6, 17. On July 28, 2024, Dollah filed a complaint with the Naval Inspector General, specifically citing the lack of response on the status of her religious accommodation. Jd. 46. Sometime after she filed this complaint, Officer Henry called Dollah and asked her whether she had complained about him to anyone. Jd. When Dollah confirmed that she had “because the process [was] taking too long,” Officer Henry responded that he had not “receive[d] anything from the office.” /d. Sometime later, Officer Henry called Dollah again and instructed her to continue the recruitment process without religious approval. Jd. § 7. He told her that seeking a religious accommodation after graduation would be “much easier” than doing so during the recruitment process. Jd. When Dollah agreed, Officer Henry scheduled Dollah to take another ASVAB test, which she took on August 12, 2024, and received a passing score of 54. Id. On August 14, 2024, Dollah received a physical examination at MEPS. Jd. While Dollah passed the initial examinations, the doctor noted that HIV was referenced in her medical records. Jd. Dollah reported to the doctor that she had been undetectable since 2014. Id. As Dollah was waiting for the results of her blood test, Officer Henry explained that, due to her “medical report status,” certain officers were seeking a waiver

? The Court notes that Officer Henry Leon is referred to by different names in the SAC, including Officer Henry Leon, Petty Officer Leon Henry, Henry Leon, Henry, and Officer Leon. SAC ff 2. 6, 13, 15. The Government refers to him as “Officer Henry” in its submissions. See Doc. 32 at 8-9. For clarity, the Court will also refer to him as “Officer Henry.”

that would allow Dollah to continue her enlistment process; a few hours later, Officer Henry indicated that the waiver was denied and instructed Dollah to wait for her blood test results. Id. Sometime later, Officer Henry requested that Dollah return to the Navy Recruiting Station to receive a letter with her results. Jd. 49. The letter requested that Dollah return to MEPS to discuss their findings and an “optional decision.” Jd. Officer Reyes, Officer Henry’s supervisor, informed Dollah that it was “baseless going back to the MEPS, since you already knew and were aware of the issue.” Jd. Regardless, Dollah decided that she wanted to hear the officers’ assessment of her health status. Jd. On August 22, 2024, Dollah returned to MEPS and met with three officers. Id. § 10. Dollah told the officers that she was aware of her HIV status and had been undetectable since 2014. Jd. Dollah also recently confirmed with her primary care provider that she was undetectable, and she informed the officers that she had test results and other necessary documentation to demonstrate this. Jd. The officers asked for the documents, but Dollah responded, “I don’t have them with me right now because you did not request a proof letter of my health from my PCP.” Jd. The officers explained how HIV status was a concern during recruitment because the Navy had an obligation to “ensure that such a person always has access to medication,” and “not all locations have access.” Jd. The officers instructed her to have more bloodwork done and told her that they would contact her when they had the results. 7d. As one officer took her to get her blood drawn, he also explained that there were “many other departments within the Navy that [she] can join, regardless of [her] health status.” Jd. On August 30, 2024, her blood test results showed that she had “contracted the HIV antibody,” and Dollah waited for a status update on her enlistment. Jd. § 11. On November 19, 2024, the Naval Inspector General responded to her July 2024 complaint and assigned Officer Brian McNamee to the investigation. Jd. § 12. One day later, on November 20, 2024, Officer Henry called Dollah and asked her if she had filed a

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Fawziya Ahmed Musah Dollah v. Secretary of Defense and Secretary of the Navy, (S.D.N.Y. 2026).

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