Phyllis Ann Daly v. Douglas Costle, Individually, Administrator of the Environmental Protection Agency

661 F.2d 959, 213 U.S. App. D.C. 47, 1981 U.S. App. LEXIS 18419
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 18, 1981
Docket79-2533
StatusPublished
Cited by8 cases

This text of 661 F.2d 959 (Phyllis Ann Daly v. Douglas Costle, Individually, Administrator of the Environmental Protection Agency) 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
Phyllis Ann Daly v. Douglas Costle, Individually, Administrator of the Environmental Protection Agency, 661 F.2d 959, 213 U.S. App. D.C. 47, 1981 U.S. App. LEXIS 18419 (D.C. Cir. 1981).

Opinion

Opinion PER CURIAM.

PER CURIAM:

A federal employee unsuccessfully solicited in the District Court equitable relief against the employing agency and money damages from officials thereof individually. For failure to exhaust administrative remedies and then seek judicial review in the forum statutorily designated, we affirm on the first branch of this appeal. Finding, however, that the court erroneously failed to consider the damage claims, we remand for further proceedings on that score.

I

Appellant, Phyllis A. Daly, a career civil servant, is employed at the Environmental Protection Agency (EPA). 1 In 1975, she became director of the agency’s Office of Planning and Review, a subdivision of its Office of Research and Development, with a grade classification of GS-15. 2 Her career became stormy, however, in July of 1977, when appellee Stephen Gage became assistant administrator of the Office of Research and Development, and thus appellant’s immediate supervisor.

Shortly after assuming his post, Gage launched a study of the feasibility of inter-nal reorganization. 3 Within a week — on July 11, 1977 — Gage relieved appellant of her duties as director of the Office of Planning and Review, and transferred her to a 120-day detail. 4 Appellant complained to the EPA’s then-Administrator, appellee Douglas M. Costle, but he declined to disturb Gage’s action. 5 Pending completion of the reorganization study, appellant was assigned to a second 120-day detail, 6 and shortly afterwards — in April, 1978 — the Office of Planning and Review was abolished. 7 Appellant was put on a third 120-day detail, with a view to determination in the mean *961 time on where she should be relocated within the agency. 8

On July 25, 1978, appellee Donald Sadler, an EPA personnel officer, requested that reduction-in-force procedures be initiated within the Office of Research and Development, and that appellant be placed permanently in another post. 9 Accordingly, on August 16, 1978, appellant was informed that her position as director of the Office of Planning and Review would be eliminated. 10 She was offered instead a program analyst’s job, classified GS-14, and told that while she would continue to receive her GS-15 salary for two years she would, if an alternative situation was not found in the interim, then suffer a cutback in pay. 11 On September 21, 1978, following an inquiry from the Civil Service Commission, 12 to which appellant had protested the personnel actions affecting her, 13 Sadler offered appellant a position as a GS-15 environmental scientist, in lieu of the one previously tendered as a program analyst. 14 She accepted, with the understanding that she would continue her challenge. 15

II

Appellant filed two separate complaints with the Civil Service Commission, each adverting to her political affiliation as a Republican. The first charged that the reorganization was politically motivated and improperly conducted; 16 the second more generally alleged political harassment at EPA. 17 Each, however, was ultimately unsuccessful. On January 26, 1979, the Merit Systems Protection Board, which had succeeded the Civil Service Commission, 18 found “that partisan politics was not a factor in the reduction-in-force action by which appellant was affected.” 19 Consequently the Board concluded that “there has been no violation of appellant’s rights under the reduction-in-force regulations.” 20 On October 26, 1979, the Board announced that it lacked jurisdiction to consider the harassment claim because “appellant alleges no violation of the basic requirements for employment practices.” 21

Shortly before the Board issued its first decision, however, appellant instituted the instant litigation in the District Court. 22 Naming Costle, Gage and Sadler as defendants in their individual as well as their official capacities, appellant asserted that the three had violated her Fifth Amendment due process rights by “ignorpng] and misus[ing] Civil Service regulations and *962 procedures”; 23 that together with “other unnamed conspirators [they had] conspired [against appellant] in violation of 42 U.S.C. § 1985(1)”; 24 and that the named defendants had “conspired together for the purpose of depriving [appellant] and a class of persons who were in policy making positions during the previous (Republican) administration ... of the equal protection of the laws or the privileges and immunities of the laws of the United States. . . . " 25 Appellant sought both money damages and injunctive relief. 26

Again she was unsuccessful. The District Court, in an opinion issuing after the Board’s first decision and practically simultaneously with its determination on the harassment claim, 27 deemed conclusive the Board’s findings on the controversial reduction-in-force. 28 The Board’s order sustaining the agency’s action was entitled to effect, as a collateral estoppel, the court held, because “[pjlaintiff was represented by counsel [before the Board], and had a fair opportunity to be heard.” 29 And while the only issue considered by the Board in the decision under attack was the propriety of the reduction-in-force, the Board, said the court, had

[a]nalyzed the RIF action and the partisan politics allegations in light of all the interactions between Defendants and Plaintiff. The Board found that there was no evidence that any of the Defendants’ behavior was motivated by partisan politics ....

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661 F.2d 959, 213 U.S. App. D.C. 47, 1981 U.S. App. LEXIS 18419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phyllis-ann-daly-v-douglas-costle-individually-administrator-of-the-cadc-1981.