Morton v. DeJoy

CourtDistrict Court, E.D. Virginia
DecidedSeptember 30, 2025
Docket3:23-cv-00618
StatusUnknown

This text of Morton v. DeJoy (Morton v. DeJoy) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morton v. DeJoy, (E.D. Va. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

RUSSELL MORTON, JR. ) Plaintiff, ) ) v. ) Civil Action No. 3:23CV618 (RCY) ) LOUIS DEJOY, Postmaster General, ) United States Postal Service, ) Defendant. ) ____________________________________)

MEMORANDUM OPINION

Pro Se Plaintiff Russell Morton, Jr. (“Plaintiff”), a former employee of the U.S. Postal Service, brings this action against Defendant Louis DeJoy, Postmaster General of the U.S. Postal Service (“Defendant”), after the Court granted Plaintiff leave to amend his claims relating to violations of the Federal Employees’ Compensation Act and Rehabilitation Act. The case is before the Court on Defendant’s Motion to Dismiss Third Amended Complaint, ECF No. 26. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. E.D. Va. Loc. Civ. R. 7(J). For the reasons set forth below, the Court will grant Defendant’s Motion to Dismiss Third Amended Complaint. I. RELEVANT PROCEDURAL HISTORY On August 29, 2023, service was made upon Defendant with respect to a suit brought by Plaintiff in Richmond City Circuit Court. State Ct. R. at 3, ECF No. 1-1.1,2 On September 28,

1 Throughout this opinion, the Court utilizes the page numbers assigned by the CM/ECF system. 2 The filing date of the state court action is not clear. While the Complaint bears a typewritten date of October 28, 2022, see State Ct. R. at 4, ECF No. 1-1, a review of the publicly available state court record associated with the case number on the state court documents, see generally State Ct. R., ECF No. 1-1 (showing Case No. CL21-3505), suggests that the state court action was initiated on July 23, 2021. Cf. Johnson v. James B. Nutter & Co., 438 F. Supp. 3d 697, 704 (S.D.W. Va. 2020) (“Courts may . . . ‘take judicial notice of docket entries, pleadings and papers in other 2023, Defendant timely removed this action from Richmond City Circuit Court, on the basis of USPS being a party to the suit.3 See Notice of Removal 2, ECF No. 1; 28 U.S.C. § 1446(b)(1) (“The notice of removal of a civil action or proceeding shall be filed within 30 days after [service].”). After Defendant filed a Motion for More Definite Statement, ECF No. 2, Mr. Morton

filed an Amended Complaint, ECF No. 5. On November 6, 2023, Defendant filed a Motion to Dismiss, ECF No. 7, which the Court granted in full. ECF No. 18. However, the Court gave Plaintiff leave to amend his Federal Employees’ Compensation Act (“FECA”) claim (Count I, formerly Count XI) and his Rehabilitation Act claim (Count II, formerly Count XIII). Id. Thereafter, Plaintiff filed a Second Amended Complaint (“SAC”) on September 17, 2024. SAC, ECF No. 19. On September 26, 2024, Defendant moved for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e). ECF No. 20. The Court granted Defendant’s Motion and Plaintiff filed his Third Amended Complaint (“TAC”) on October 3, 2024. TAC, ECF No. 25.4 Defendant filed the instant Motion to Dismiss Third Complaint on October 17, 2024, Mem. Supp., ECF No. 27, and Plaintiff filed his Memorandum in Opposition on October 25, 2024, which this

cases without converting a motion to dismiss into a motion for summary judgment.’” (quoting Brown v. Ocwen Loan Servicing, LLC, 2015 WL 5008763, at *1 n.3 (D. Md. Aug. 20, 2015), aff’d, 639 F. App’x 200 (4th Cir. 2016))). 3 “[A] suit against [the postmaster general] in his official capacity is treated as a suit against the Postal Service.” Buford v. Runyon, 160 F.3d 1199, 1203 (8th Cir. 1998). Mr. Morton does not explicitly use the term “official capacity,” but he speaks of Defendant’s “role as Postmaster General,” Am. Compl. ¶ 4, and brings claims that can only be brought against heads of agencies in their official capacity, see, e.g., Levesy v. Scolese, 2023 WL 5835763, at *6 (E.D. Va. Sept. 7, 2023) (Title VII and Rehabilitation Act claims must be brought against the “head of an agency in his official capacity”), aff’d, No. 23-2005, 2024 WL 1366769 (4th Cir. Apr. 1, 2024); see also discussion infra Part IV. 4 The Court will not consider the contents of Plaintiff’s Second Amended Complaint as Plaintiff’s Third Amended Complaint “supersedes . . . and becomes the operative complaint in the case, [and] renders the [previous] complaint[s] of no effect.” Fawzy v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017). However, the Court will consider the “Appendix” originally attached to Plaintiff’s Second Amended Complaint for two reasons. First, the Third Amended Complaint was filed to remedy the structure of the Second Amended Complaint, not the substance of it. SAC Ex. A [hereinafter, TAC App.], ECF No. 19-1. Further, Plaintiff explicitly references the Appendix in his TAC and Defendant’s references the Appendix in its Motion to Dismiss Third Complaint. See e.g., TAC ¶¶ 4.1, 4.3; Mem. Supp. 8. Court construes as Plaintiff’s Response. Mem. Opp’n, ECF No. 32. Defendant filed its reply on October 31, 2024. Reply, ECF No. 34. Accordingly, the motion is ripe for review. II. BACKGROUND A. Factual Allegations

Plaintiff worked as a Carrier Technician at the U.S. Postal Service (“USPS”) Petersburg post office. TAC ¶ 1.1, ECF No. 25. After a work-related injury, Plaintiff was placed in the U.S. Department of Labor’s Office of Workers’ Compensation Programs (“OWCP”).5 See id. ¶ 3.5– 3.6. Sometime in 2016, Plaintiff had his OWCP status removed. See id. ¶¶ 4.20. Plaintiff appealed that removal decision. Id. From April 2016 to July 2016, Plaintiff worked in a non-Carrier assignment that involved answering phones at a desk and assisting management, a sedentary position. Id. ¶¶ 3.3, 7.11. During this time, in May 2016, Plaintiff had a meeting with the District Reasonable Accommodation Committee (“DRAC”).6 Id. ¶ 4.3. In this meeting, Plaintiff provided a form that expressed his neurologist’s desire for Plaintiff to stay away from performing Carrier duties. Id. ¶¶

3.9, 4.3. Plaintiff also had a meeting on June 17, 2016 with supervisors and explained that he “was Light Duty per his OWCP being denied.” Id. ¶ 4.1. In July 2016, Plaintiff was placed on “Light Duty”7 and was offered a custodian position with a two-hour workday at the Petersburg Walnut Hill station. Id. ¶¶ 4.1, 4.6, 4.7. Plaintiff was supposed to use his leave to be compensated for a full, eight-hour workday. Id. ¶ 4.7. Plaintiff

5 OWCP administers the Federal Employees’ Compensation Act (“FECA”). E.g., 20 C.F.R. § 10.1. 6 USPS uses the DRAC to address employees’ reasonable accommodation requests pursuant to the Rehabilitation Act. E.g., Eggen v. DeJoy, 2021 WL 6926446, at *2 (D. Neb. Dec. 28, 2021). 7 Within the USPS’s administrative structure, “light duty” status refers to a less strenuous work assignment “‘available to those employees whose limitations are not due to occupational injury or illness,’ but rather to ‘injur[ies] outside of their job duties.’” Franklin v. Potter, 600 F. Supp. 2d 38, 51 (D.D.C. 2009) (first quoting Peebles v. Potter, 354 F.3d 761, 764 n.3 (8th Cir. 2004); and then quoting Hancock v. Potter, 531 F.3d 474, 477 (7th Cir. 2008)). declined the position because he did not have enough paid leave and because the job was not sedentary. Id. ¶ 4.9.

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Morton v. DeJoy, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morton-v-dejoy-vaed-2025.