Horsey v. U.S. Dep't of State

387 F. Supp. 3d 97
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 18, 2019
DocketNo. 1:14-cv-1568 (KBJ)
StatusPublished
Cited by4 cases

This text of 387 F. Supp. 3d 97 (Horsey v. U.S. Dep't of State) 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
Horsey v. U.S. Dep't of State, 387 F. Supp. 3d 97 (D.C. Cir. 2019).

Opinion

KETANJI BROWN JACKSON, United States District Judge

Pro se plaintiff John E. Horsey alleges that he was a "remarkable employee" who amassed numerous awards to reflect his "outstanding" employment record throughout his decades-long tenure as an employee with Defendant United States Department of State ("State"). (Am. Compl., ECF No. 22, ¶ 24.) Still, after Horsey engaged in a work-related altercation with a co-worker in 2011, State required Horsey to undergo a mental evaluation, and when Horsey refused to be evaluated without a union representative present, Horsey's security clearance was suspended and he was placed on administrative leave. (See id. ¶ 34.) State later suspended Horsey indefinitely without pay and revoked his security clearance altogether. (See id. ¶¶ 37, 39.) In the instant legal action, Horsey maintains that State undertook those employment actions because he is African American (see id. ¶¶ 8, 22); indeed, his two-count complaint claims that State discriminated against him on the basis of his race and subjected him to a hostile work environment, both in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (see id. ¶¶ 48-54; 55-59).

Before this Court at present is the State Department's motion to dismiss Horsey's amended complaint for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). (See Defs.' Mot. to Dismiss Am. Compl. ("Defs.' Mot."), ECF No. 28.) For the reasons explained below, this Court agrees with State that Horsey's amended complaint misses the mark, primarily because *100the pleading does not allege that Horsey suffered an adverse employment action because of his race, nor does it describe discriminatory conduct that is severe or pervasive enough to make his hostile work environment claim remotely plausible. Consequently, Horsey's amended complaint fails to allege facts that, if true, would support his claim that State discriminated against him on the basis of his race. As a result, the agency's motion to dismiss must be GRANTED , and Horsey's amended complaint must be DISMISSED . A separate Order consistent with this Memorandum Opinion will follow.

I. BACKGROUND

A. Alleged Facts1

Horsey worked for the State Department as an Information Technology Specialist in the Information Resource Management Bureau until his "Top Secret" security clearance was revoked in June of 2012. (See Am. Compl. ¶¶ 3, 39.) According to the amended complaint, Horsey was involved in a workplace dispute with Shane Wardle, a Caucasian male co-worker, on February 3, 2011. (See id. ¶ 6.) Wardle allegedly sent an email to his and Horsey's first and second line supervisors "moments after the alleged incident occurred," and in that email, Wardle allegedly "reported a false claim/allegation" about Horsey. (Id. ) The complaint contends that the two supervisors met with Wardle and Horsey the following day to discuss the incident, but "Wardle would not repeat the claims made in the email[ ] in the presence of [Horsey][.]" (Id. ¶ 7.) Horsey "adamantly denied the allegations" from Wardle's email, and one of the supervisors "deemed the meeting a 'stalemate' " and referred the incident "to Diplomatic Security for investigation." ( Id. ) The complaint alleges that the supervisor who referred the matter for investigation knew that Wardle had "fil[ed] several false allegations against other U.S. Department of State employees with impunity[.]" (Id. ¶ 8.)

According to the amended complaint, "[b]etween February 4, 2011 and February 23, 2011," a Diplomatic Security Special Agent "interviewed Mr. Wardle's witnesses as a part of his investigation, but did not interview any witnesses on [Horsey's] behalf." (Id. ¶ 9.) The complaint further alleges that none of the witnesses interviewed "were present or witnessed the alleged February 3, 2011 event." (Id. ) The Special Agent conducting the investigation allegedly "ran a background check on Mr. Wardle ... and was aware of [Wardle's] history of filing false claims[.]" (Id. ¶ 23.)

The Special Agent interviewed Horsey on February 18, 2011, and asked Horsey "if he would be willing to speak with a Department[-]provided mental health professional concerning what may be an anger management problem." (Id. ¶ 19.) Horsey allegedly "said he wanted to think about it" and thereafter sought advice from his union, which told him "that he should not voluntarily meet with anyone in the medical unit." (Id. ¶ 26.) According to the amended complaint, on May 6, 2011, Horsey received a letter from the Office of Personnel Security and Suitability Bureau of Diplomatic Security, which stated that Horsey was being referred to the Office of Medical Services "for review and evaluation" (id. ¶ 27), and that "[p]ursuant to retention of [Horsey's] continued security clearance eligibility," Horsey would have to schedule such an evaluation (id. ¶ 29).

*101The letter also included an advisory "that non-compliance with this directive could have negative consequences with regard to [Horsey's] security clearance eligibility." (Id. ) The amended complaint alleges that Horsey requested that any evaluation be conducted with a union representative present, but this request was allegedly denied. (See id. ¶¶ 29, 30.) Horsey then "continued to receive requests/demands to undergo the mental evaluation" (id. ¶ 31), and he "continued to invoke his right to have a representative present for any interview relating to the matter under investigation" (id. ¶ 33).

Horsey's amended complaint states that the investigation into the incident with Wardle "was determined to be 'inconclusive' " and "was closed on March 12, 2011." (Id. ¶ 31.) However, Horsey's "Top Secret Security Clearance was suspended and [Horsey] was placed on administrative leave with pay on November 29, 2011[.]" (Id. ¶ 34.) On December 9, 2011, Horsey received a "Proposal for Indefinite Suspension Without Pay" letter (id. ¶ 35), and was "suspended indefinitely on Mar[ch] 16, 2012" (id. ¶ 37). Between receiving the letter and his indefinite suspension going into effect, Horsey had "attended an appeal hearing on January 17, 2012" (id. ¶ 36), and his indefinite suspension without pay was later rescinded (see id. ¶ 38). However, on June 6, 2012, Horsey was notified "that his Top Secret [Security] Clearance ha[d] been revoked[.]" (Id. ¶ 39.)

B. Procedural History

1. This Court's Dismissal Of Horsey's Initial Complaint

Horsey initiated the instant lawsuit, pro se, on September 15, 2014. (See Compl., ECF No. 1.) His initial complaint included three counts: (1) discrimination on the basis of race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (see Compl.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Robinson v. Dc Government
District of Columbia, 2024
Doe v. Department of Defense
District of Columbia, 2024
Holston v. Steven Mnuchin
District of Columbia, 2022
Jones v. Brouilette
District of Columbia, 2021

Cite This Page — Counsel Stack

Bluebook (online)
387 F. Supp. 3d 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horsey-v-us-dept-of-state-cadc-2019.