Paul v. Gov't of the D.C.

317 F. Supp. 3d 66
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 21, 2018
DocketCivil Action No. 17–1222 (ABJ)
StatusPublished
Cited by1 cases

This text of 317 F. Supp. 3d 66 (Paul v. Gov't of the D.C.) 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
Paul v. Gov't of the D.C., 317 F. Supp. 3d 66 (D.C. Cir. 2018).

Opinion

AMY BERMAN JACKSON, United States District Judge

Plaintiff Ghislaine Paul, proceeding pro se , brought this action against the District of Columbia, the Attorney General of the District of Columbia, and D.C.'s Office of Risk Management ("ORM"). She claims that defendants were negligent and that they violated the District's workers' compensation laws, D.C. Code § 32-1501 et seq. , in connection with an injury she suffered sixteen years ago while working as a public-school teacher.1 Compl. [Dkt. # 1]

*69at 4. Plaintiff also asserts civil rights claims under 42 U.S.C. § 1983 and several other federal and D.C. statutes. Id. at 2. She seeks damages "believed to be the sum of ten thousand dollars ... per day for each day that treatment was denied beginning on May 3, 2002." Id. at 4. Defendants have moved to dismiss plaintiff's complaint on the grounds that the negligence claim is time-barred, the workers' compensation claim is precluded by res judicata , and the complaint fails to state federal claims. See generally Mot. to Dismiss [Dkt. # 10] ("Defs.' Mot."); Defs.' Mem. of P. & A. in Supp. of Defs.' Mot. [Dkt. # 10] ("Defs.' Mem."). Plaintiff has opposed the motion. See generally Pl.'s Mem. in Opp. to Defs.' Mot. [Dkt. # 12] ("Pl.'s Opp."). Upon consideration of the parties' submissions, the relevant authorities, and the record as a whole, the Court will grant defendants' motion to dismiss plaintiff's lawsuit.

BACKGROUND

The Court will do its best to summarize the relevant factual and procedural history in this case, which spans sixteen years and includes multiple administrative and court proceedings. The Court relies on plaintiff's pleadings, although they were somewhat scattershot and unclear, as well as public records from previous proceedings. See EEOC v. St. Francis Xavier Parochial Sch. , 117 F.3d 621, 624 (D.C. Cir. 1997) (stating that the court may take into account "matters of ... judicial notice" in addition to the pleadings); Donelson v. U.S. Bureau of Prisons , 82 F.Supp.3d 367, 371 (D.D.C. 2015) (noting that, in evaluating a motion to dismiss, "[t]he court may take judicial notice of another court's proceedings"), citing Jenson v. Huerta , 828 F.Supp.2d 174, 179 (D.D.C. 2011). The facts taken from plaintiff's complaint must be accepted as true for purposes of a motion to dismiss. See Atherton v. D.C. Office of the Mayor , 567 F.3d 672, 681 (D.C. Cir. 2009), citing Erickson v. Pardus , 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007).

Plaintiff, a resident of Maryland, worked as a teacher at Francis Junior High School in the District of Columbia public school system. Compl. at 1, 3. On May 3, 2002, plaintiff was struck on the head by a "large, heavy, framed map which had fallen over." Id. at 3. She claims that the incident caused her bodily injury and ongoing physical and psychological suffering. Id.

Plaintiff applied for, and was granted, disability benefits under ORM's Disability Compensation Program ("DCP") on August 20, 2002. Compl. at 3. In 2004, plaintiff's benefits were terminated because she failed to attend vocational rehabilitation training required by the program. Paul , 292 F.R.D. at 152. But plaintiff's benefits were restored on November 29, 2006, after she administratively challenged the termination. Id. The following year, on May 16, 2007, plaintiff underwent a medical examination by Dr. Noubar Didizian. Id. Dr. Didizian produced a report that allegedly resulted in plaintiff's benefits being terminated a second time on October 15, 2007. Id.

Plaintiff challenged the termination of her disability benefits again, resulting in a full evidentiary hearing before an Administrative Law Judge ("ALJ") in the Administrative Hearings Division ("AHD") of the District of Columbia Department of Employment Services. Ghislaine Paul , 2008 WL 731335 (D.C. Dep't of Emp't Servs. Feb. 6, 2008) (" 2008 Compensation Order"). The issue in that proceeding was the "nature and extent of [c]laimant's disability," and the ALJ concluded that "claimant's work-injury has resolved" after she received extensive medical treatment, and *70that "she [was] capable of returning to her pre-injury employment." 2008 Compensation Order at 1-2.

Accordingly, the ALJ issued a Compensation Order on February 6, 2008, denying plaintiff's claim for relief and reinstatement of benefits. 2008 Compensation Order at 3-4. This decision was upheld by DCP's Compensation Review Board, which found that the decision was supported by substantial evidence and denied plaintiff's request to remand her case for a new hearing. See Ex. 1 to Defs.' Mem. [Dkt. # 10] ("AHD 2009 Order") at 1. Plaintiff then appealed the Compensation Review Board's decision to the District of Columbia Court of Appeals, which granted summary affirmance, denied plaintiff's motion to recall the mandate, and made the underlying Compensation Order final on May 4, 2009. Id.

Plaintiff's quest did not end there. She filed appeals with the Administrative Hearings Division on May 21, 2009 and May 27, 2009, that amounted to a motion to reinstate and reconsider and schedule a new hearing. See AHD 2009 Order at 1. On August 11, 2009, this motion was denied under the doctrine of

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317 F. Supp. 3d 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-v-govt-of-the-dc-cadc-2018.