Roh v. Shultz

CourtDistrict Court, District of Columbia
DecidedJune 14, 2022
DocketCivil Action No. 2021-2560
StatusPublished

This text of Roh v. Shultz (Roh v. Shultz) 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
Roh v. Shultz, (D.D.C. 2022).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JOSHUA DILLON ROH,

Plaintiff,

v. Civil Action No. 21-2560 (BAH)

KARL L. SCHULTZ, in his official capacity Chief Judge Beryl A. Howell as Commandant of the U.S. Coast Guard, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

Plaintiff Joshua Dillon Roh, a Nebraska resident who, in May 2021, was dismissed from

the United States Coast Guard Academy (“Academy”) in New London, Connecticut, brings this

action against three Coast Guard officials stationed at the Academy, as well as two high-ranking

Coast Guard members located in Washington D.C., alleging violations of the Administrative

Procedure Act (“APA”), 5 U.S.C. § 551 et seq., his Fifth Amendment equal protection and due

process rights, and the Military Whistleblower Protection Act, 10 U.S.C § 1034(b). Compl. ¶¶ 3,

11, ECF No. 1. The gravamen of plaintiff’s complaint is that his dismissal from the Academy

was based on retaliation and defendants’ desire to cover up “institutional failures” and “repeated

violations of law” after they denied plaintiff adequate support and disregarded Coast Guard

policy following his reporting of a sexual assault perpetrated at the Academy by another male

cadet—all which conduct is alleged to have occurred in Connecticut. See id. ¶¶ 3-4.

Defendants seek transfer of this case to the District of Connecticut pursuant to 28 U.S.C. §

1404(a). Defs.’ Mot. to Transfer (“Defs.’ Mot.”), at 1, ECF No. 13. As explained below,

defendants’ motion is granted.

1 I. BACKGROUND

A brief overview of plaintiff’s factual allegations is followed by discussion of the relevant

procedural history.

A. Factual Background

Plaintiff, a 22-year-old resident of Lincoln, Nebraska, was enrolled as a cadet at the

Academy until his dismissal in May 2021. Compl. ¶¶ 1-2, 12, 21. About two years earlier, on

April 23, 2019, plaintiff was sexually assaulted by another male cadet in his dorm room at the

Academy’s New London campus. Id. ¶¶ 30, 33. Following this traumatic incident, plaintiff—

fearful about reencountering his assaulter—filed a Sexual Assault Prevention and Response

(“SAPR”) report with the Academy’s campus Sexual Assault Response Coordinator, expecting

that by doing so Academy staff “would protect him, take care of him, and assist him in

recovering from the trauma he had just suffered,” id. ¶ 35, consistent with the SAPR policy

directive to “support[] victim recovery, and assist[] service member victims to be fully mission

capable and engaged,” id. ¶¶ 99, 101. Plaintiff was interviewed by two Coast Guard

Investigative Service agents six days after the assault. Id. ¶ 36. Only weeks later, however, was

a military protective order issued against the assault perpetrator, whom plaintiff “was forced to

see . . . over and over again because the two shared the same major and the same classes.” Id.

As a result of the trauma stemming from his assault and continued encounters with his

assailant around campus, plaintiff began exhibiting “behavioral issues [that] were directly

attributable to the [Academy’s] abject failure to follow its own SAPR regulations and to treat

[plaintiff’s] post-traumatic stress.” Id. ¶ 42; see also id. ¶ 110 (“[Plaintiff’s] chain of command

did virtually nothing to provide him with resources[,] to rehabilitate him” or “to discharge its

mandatory duties under the SAPR [policy].”). Nevertheless, plaintiff avers that thereafter

2 Academy staff—specifically defendant Lieutenant Akaninyene Inyang, plaintiff’s company

officer—“turned that failure on its head, blaming [plaintiff] for failing to ‘suck it up’ and ‘get

over’ his assault.” Id. ¶ 42; see also id. ¶ 5 (“[Plaintiff’s] efforts to call attention to, and seek

help for, the debilitating trauma he suffered as the result of a sexual assault, served only to put a

retaliatory target on his back.”). Inyang and other members of the regimental staff “treated

[plaintiff] as though he was not in his right mind,” id. ¶ 41, and began to cite plaintiff for

“trumped-up” misconduct and other alleged disciplinary infractions following a variety of

incidents at the Academy, id. ¶¶ 44-46.

Altogether, plaintiff alleges that, of 75 disciplinary demerits he received after being

assaulted, 60 of those demerits were “attributable to alleged outbursts or loss of temper directly

related to [his] untreated post-sexual assault trauma” and to a “targeted campaign of harassment

and retaliation against [him as] a male who was failing to demonstrate to the Academy’s locker-

room mentality that he was a ‘real man.’” Id. ¶¶ 50-51; see also id. ¶¶ 57, 64, 70, 76-77, 80, 82-

83, 85, 93 (describing myriad demerits and other disciplinary charges that plaintiff alleges were

issued against him because of retaliatory and discriminatory animus after reporting he was

assaulted by another male cadet). This record, in plaintiff’s view, also reflected “the personal

vendetta and disenrollment campaign Inyang instituted [against him] only three months after the

sexual assault.” Id. ¶ 69. Plaintiff asserts that the institutional response to his reporting of sexual

assault “stand[s] in stark contrast to the [Academy’s] response to reports of sexual assaults by

female cadets, . . . ranging from a year-long sabbatical to paying for private, out-of-state

counseling services.” Id. ¶ 109; id. ¶ 114 (further alleging that, “in the name of diversity,

inclusion and ‘cracking down’ on sexual assault and sexual harassment, the [Academy] bends

backwards to accord female cadets unconditional acceptance of their allegations . . . [while] male

3 cadets who invoke similar challenges are viewed as willful, substandard performers who have

bad attitudes and are simply not ‘owning it.’”). For this reason, plaintiff maintains that

defendants “Superintendent [William G. Kelly] . . . Commandant [Arthur L. Ray], . . . and LT

Inyang,” who were all stationed at the Academy, failed to properly respond to his sexual assault

report because of gender bias and retaliatory animus against him as a male victim. Id. ¶¶ 112,

114, 116.

On May 11, 2021, eight days before he was scheduled to graduate from the Academy,

plaintiff was summoned to the office of Superintendent Kelly, who announced plaintiff’s

dismissal from the Academy because he had accrued more than the maximum allowable

demerits resulting from a “pattern of misconduct” and given “continued concern regarding

[plaintiff’s] deficiencies in emotional regulation and professional interactions.” Id. ¶ 3. Plaintiff

sought reconsideration, but Kelly reaffirmed his disenrollment decision days later. Id. ¶ 8. On

July 15, 2021, defendant Rear Admiral Joanna M. Nunan, who is stationed in Washington D.C.

and has final authority regarding disenrollment appeals, rejected plaintiff’s appeal of his

dismissal from the Academy. Id. ¶ 9; id., Ex. A, Appeal of Disenrollment. Denial of this appeal

is the only action relevant to plaintiff’s claims that is alleged to have taken place in Washington

D.C. Following his dismissal from the Academy, plaintiff was reduced in rank and is currently

serving in an enlisted status at a Coast Guard base in Portsmouth, New Hampshire. Id. ¶ 136.

B.

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