Richardson v. Yellen

167 F. Supp. 3d 105, 2016 U.S. Dist. LEXIS 29131, 2016 WL 890570
CourtDistrict Court, District of Columbia
DecidedMarch 8, 2016
DocketCivil Action No. 14-1673 (RMC)
StatusPublished
Cited by20 cases

This text of 167 F. Supp. 3d 105 (Richardson v. Yellen) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richardson v. Yellen, 167 F. Supp. 3d 105, 2016 U.S. Dist. LEXIS 29131, 2016 WL 890570 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

ROSEMARY M. COLLYER, United States District Judge

Edward Richardson has filed suit pro se against his former employer, the Federal Reserve Board of Governors, and seven individual Defendants for a variety of constitutional torts, common-law torts, and statutory violations that he alleges occurred during his employment with the Board as a law enforcement officer. Defendants move to dismiss all claims except those alleging disability discrimination. For the reasons stated below, the motion will be granted.

I. FACTS

The well-pleaded facts alleged in the operative complaint must be taken as true in this procedural posture. Baird v. Gotbaum, 792 F.3d 166, 169 n. 2 (D.C.Cir.2015). The Court also considers the arguments and allegations in Mr. Richardson’s opposition memorandum. Brown v. Whole Foods Mkt. Grp., Inc., 789 F.3d 146, 152 (D.C.Cir.2015); Richardson v. United States, 193 F.3d 545, 548 (D.C.Cir.1999).

Only a summary of the pleaded facts is necessary here, as the claims at issue fail for various and purely legal reasons. That is to say, none of Mr. Richardson’s claims will be dismissed for failure to muster sufficiently plausible facts.

A. The Facts Alleged

Edward Richardson was a military police officer in the United States Army. While deployed to Iraq in 2003, he was repeatedly subjected to fames and toxins emanating from burning human waste. While in Iraq, he was diagnosed with “severe persistent asthma/allergies,” which is “a life-threatening illness.” Am. Compl. ¶¶ 6,14.

Between June 8, 2009 and June 7, 2010, Mr. Richardson worked for the Board of Governors of the Federal Reserve System (the Board) as an officer in the Law Enforcement Unit (LEU). Before Mr. Richardson was hired, he told the Board about his medical condition. Four months into his job, he requested “a reasonable accommodation.” Id. ¶ 10. He made a second request one month later. Id. ¶ 13. Despite these requests, he was “subjected to inclement weather, both hot and cold,” and “outdoor allergens” that “exacerbated the symptoms” of his condition. Id. ¶ 16. It is alleged that at all relevant times, Defendants were aware of Mr. Richardson’s requests and ignored them.

Between October 2009 (when Mr. Richardson made his first request) and June 2010 (when he was terminated) the Board allegedly refused to engage in the “interactive process” prescribed by the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA). Id. ¶ 20.1 Mr. Richardson alleges that he further suffered “severe and hostile working environment and derogatory name calling,” and that Defendants “failed to act when [he] reported the behavior as offensive.” Id. ¶¶ 21, 23. Further, Mr. Richardson was accused of missing work without medical justification, was de[109]*109nied a promotion, and was denied the opportunity to work on the “hybrid shift.” Id. ¶ 33. Mr. Richardson was also made to work three different shifts each week, unlike any other LEU officer, “as a form of punishment for requesting a reasonable accommodation for [his] recorded disability.” Id. ¶39.2

Mr. Richardson alleges that he was subjected to “slanderous and libelous defamation,” both before and after his June 2010 termination. E.g., id. ¶ 45. For example, Defendants Albert Pleasant and Billy Sauls allegedly conspired against Mr. Richardson in a “cell phone spoofing scandal” and Mr. Sauls is alleged to have “maliciously accused [Mr. Richardson] of vandalizing the vehicles of two Board LEU officers.” Id. ¶¶ 47, 48. The latter caused a Charles County Deputy Sheriff to visit Mr. Richardson’s home.

Certain Defendants — sometimes “engaging] in a conspiracy” — are also alleged to have intentionally removed medical documents from Mr. Richardson’s file prior to terminating him in June 2010. Id. ¶¶ 21, 24.3 Mr. Richardson reported this “to [La-rence] Dublin and [Marvin] Jones” and also “to [Billy] Sauls.” Id. ¶ 29. The harassment by Robert Bakale, LEU Sergeant, only worsened. For example, Mr. Bakale authorized his subordinate, Senior Officer Bhatia, to call Mr. Richardson “sumo.” Id. ¶ 30. Defendant Kevin May is also alleged to have removed Mr. Richardson’s “Board separation letter; [his] Board separation appeal letter, and [Mr. May’s] EEO investigative affidavit” from Mr.. Richardson’s personnel file. Id. ¶ 51. Mr. May also allegedly removed a Report of Investigation (ROI) from the Board’s offices.

Defendant Albert Pleasant, “acting under color of state law,” is alleged to have unlawfully accessed Mr. Richardson’s cell phone records by using Mr. Pleasant’s investigation as a pretext. Id. ¶49. Mr. Pleasant and others are also alleged to have “submitted false documentation to [four] separate law enforcement agencies,” which spurred a “malicious prosecution process.” Id. ¶ 50.

■ Mr. Richardson alleges a host of “fabricated evidence” and “perjurious testimony” by numerous individual Defendants and third parties. See generally id. ¶¶ 55-144. The Court will not further parse these allegations because, as stated below, they fail as a matter of law.

B. The Amended Complaint

Mr. Richardson’s Amended Complaint contains various claims. Count I al[110]*110leges a violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), due to the failure to accommodate Mr. Richardson’s “asthmatic/allergy disability.” Am. Compl. ¶ 184. Mr. Richardson alleges here, as he does elsewhere, that this “violated [his] clearly established constitutional rights to a reasonable accommodation, under Title I of the [ADA] and the Civil Rights Act of 1964-,” 42 U.S.C. 2000e et seq. Am. Compl. ¶ 187 (emphasis added). Neither the Civil Rights Act nor the Constitution requires accommodations for disabled persons. Miller v. Clinton, 687 F.3d 1332, 1339 & n. 6 (D.C.Cir.2012) (citing Bd. of Trs. of the Univ. of Ala. v. Garrett, 531 U.S. 356, 367, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001)). The Court will construe Count I as claiming a violation of the ADA only.

Count II alleges “Disability Discrimination,” also due to Mr. Richardson’s “asthmatic/allergy disability.” Id. ¶ 191. Again, Mr. Richardson conflates statutes and adds constitutional flavoring. Id. ¶ 190 (“I allege that I am a ‘qualified individual,’ with a recorded disability, protected under Title I of the Americans with Disabilities Act of 1990 and the Civil Rights Acts of 1964.”); id. ¶ 198 (“Defendants ... violated my clearly established constitutional rights under Title I of the Americans with Disabilities Act of 1990.”). Neither of the cited statutes, nor the Constitution, prohibits disability-based discrimination against federal employees; rather, “the Rehabilitation Act [of 1973, 29 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
167 F. Supp. 3d 105, 2016 U.S. Dist. LEXIS 29131, 2016 WL 890570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-yellen-dcd-2016.