Pereira v. United States

84 Fed. Cl. 597, 2008 U.S. Claims LEXIS 326, 2008 WL 4941818
CourtUnited States Court of Federal Claims
DecidedNovember 14, 2008
DocketNo. 08-342C
StatusPublished
Cited by2 cases

This text of 84 Fed. Cl. 597 (Pereira v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pereira v. United States, 84 Fed. Cl. 597, 2008 U.S. Claims LEXIS 326, 2008 WL 4941818 (uscfc 2008).

Opinion

OPINION AND ORDER

GEORGE W. MILLER, Judge.

Plaintiff Steve Pereira seeks reinstatement to his employment with the United States Postal Service along with damages for an alleged violation of 28 U.S.C. § 1875, which precludes adverse employment action based upon the employee’s jury service. Because there is no jurisdiction in this Court, and a transfer to another jurisdiction would be futile, the complaint will be dismissed.

On May 9, 2008, plaintiff Steve Pereira filed a complaint alleging the following facts, which are taken as true for the purposes of this motion. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). Plaintiff was employed as a postal inspector by the southwest division of the United States Postal Service (USPS). Compl. 115 (docket entry 1). On May 30, 2000 he filed a equal opportunity complaint charging that his supervisors “engaged in racial discrimination in violation of Title VII for failure to promote.” U 7.

On February 23, 2001, the team leader of the southwest division contacted plaintiff and asked that he provide a physical address, which plaintiff declined to do. Id. 1110. On February 27, the team leader once again asked plaintiff for a physical address “so he could verify where Plaintiff parked his official vehicle overnight.” Plaintiff emailed the supervisor an address, and on the same day his drive-home authorization was rescinded. 1111. Although it is not relevant here, plaintiff contends there is no regulation requiring that he disclose an address for that purpose and protests the USPS’s refusal to reinstate his drive-home privileges. 1111,14-17.

The Postal Service noticed some discrepancies in Mr. Pereira’s records, notably that his employment records used a Texas address, while a supervisor allegedly knew “that Plaintiff was living outside the 50 mile radius of his office.” H12. The Postal Service became concerned that plaintiff was committing tax fraud, specifically that he was evading Oklahoma state income taxes. HH 9, 12. USPS officials requested information from other entities regarding plaintiffs driver’s license and the address at which he received utility service. 111118-20. On March 26, 2001, plaintiff received a letter from his supervisor “inform[ing] plaintiff that plaintiff is a resident of Oklahoma and for him to obtain an Oklahoma drivers’ license.” 1125. Plaintiff subsequently received a “letter of warning” from the USPS for failing to provide a physical address and complete certain forms; plaintiff asserts that he had previously complied with those requests. 1129.

In April of 2001, plaintiff was placed on administrative leave, and in May was ordered to undergo a psychiatric evaluation. 111130, 32. The USPS Office of Inspections continued to investigate the possibility of tax evasion, and concluded in May of 2001 that plaintiff was (incorrectly) using a Texas address for federal income tax purposes, and had failed to file Oklahoma tax returns in 1998 or 1999. 1134. The inspector, Ms. Czupor, also attempted to interview Pereria’s ex-wife, searched the desk and cabinets in his office, traveled to Tyler, Texas to interview a woman whose address Pereira was using, and obtained copies of both plaintiff’s divorce decree and settlement agreement and his Arkansas real estate records. 111136-40.

In June of 2001, Czupor obtained a copy of a jury questionnaire Periera had completed, along with his Texas voters’ registration information. HU 41-42. Although Czupor believed plaintiff would be indicted for tax fraud, the Smith County, Texas district attorney declined to prosecute. 111144-46. By letter dated August 14, 2001, the Oklahoma Tax Commission informed plaintiff that he was under criminal investigation for failure to file Oklahoma income tax returns. It 48. Plaintiff met with an official from the Oklahoma Tax Commission to show them the address on his [599]*599W-4s for the pertinent years, arguing that he did not need to file tax returns in Oklahoma. HIT 51-52. In November of 2001, the U.S. Attorney’s office “declined prosecution on the matters that were presented to them.” 1154. USPS officials allegedly became concerned that they were at the mercy of other agencies who “may not have the same sense of urgency as we do” and asked whether there was “anything we can do NOW.” UU 52, 54.

In January of 2002, inspector Czupor issued a report resulting from her investigation of plaintiffs conduct. U 55. When plaintiff made his “daily telephone call” to the USPS, he was asked to come into the Tulsa office to explain his side of the story to Thomas Brady, the assistant inspector in charge of the southwest division. UU 7, 58. At the meeting, plaintiff read the report and “quickly realized that Brady had no intention to hear him.” U 59. Plaintiff challenged the USPS for releasing information to the Oklahoma Tax Commission and “informed Brady his divorce documents were none of their business,” after which he was “escorted out of the office.” U 59.

When plaintiff made his next daily telephone call, he was again transferred to Brady, who “stated that he was not satisfied with Plaintiffs responses to the investigative report and was going to propose adverse action.” U 60. Brady then issued a notice of proposed adverse action, which plaintiff protested on the grounds that Brady was not his immediate supervisor. U 61. After a number of communications back and forth, UU 62-66, on May 2, 2002, the USPS sent plaintiff a letter informing him he “would be removed from his employment with the Postal Service effective May 10, 2002.” U 69. The first specification in the letter asserted that plaintiff “provid[ed] false information in the completion of a Texas Jury Questionnaire.” U 69 (emphasis in original).

Plaintiff appealed the removal, UU 70-71, and on September 6, 2002, the USPS upheld its decision. U75. This ruling noted that Pereira was “also charged with violating the Inspection Service Code of Ethics in that you knowingly provided false information in connection with the completion of a jury questionnaire for the State of Texas. I find sufficient grounds for sustaining this charge.” U 75 (emphasis in original). Plaintiff appealed this decision, but the USPS upheld it and advised him he “had no further right of administrative appeal.” UU 76-78.

An “EEOC hearing” was held on April 28 and 29, 2003 at which various USPS officials testified, UU 79-82, and depositions were subsequently taken, UU 83-84. Plaintiff’s complaint recounts various facts arising from the hearing and the depositions, but none of these are relevant to the present issue.

In November of 2003, plaintiff sued the Postmaster General for discrimination under Title VII of the Civil Rights Act, alleging, among other things, that the investigation into his residence was retaliation for his EEO complaint. Pereira v. Potter, 3:03-cv-2684R, 2003 WL 23656500 (N.D.Tex. Nov. 4, 2003). That case was tried to a jury, which found in favor of the defendant. Judgment, docket entry 45, Pereira v. Potter, 03-cv-2684R, 2005 WL 3046417 (N.D.Tex. July 18, 2005). In November of 2005, plaintiff filed a pro se complaint in the Northern District of Oklahoma asserting that officials of the USPS violated the Equal Protection Clause, plaintiff’s constitutional rights to privacy and property, and engaged in a civil conspiracy to deprive him of his civil rights. Pereira v. Holmes, 06-cv-643, 2006 WL 3916368 (N.D.Okla. Nov. 17, 2006).

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Related

Norman v. United States
126 Fed. Cl. 277 (Federal Claims, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
84 Fed. Cl. 597, 2008 U.S. Claims LEXIS 326, 2008 WL 4941818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pereira-v-united-states-uscfc-2008.