Runnels v. Federal Bureau of Investigation

District Court, District of Columbia·Decided November 5, 2025·No. Civil Action No. 2025-1202·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MICHAEL RUNNELS,

Plaintiff,

Civil Action No. 25-1202 (BAH)

v.

Judge Beryl A. Howell

FEDERAL BUREAU OF INVESTIGATION,

Defendant.

MEMORANDUM OPINION

In October 2020, plaintiff Michael Runnels, an employee with the Federal Bureau of Investigation (“FBI”), was arrested and criminally charged. Although the charges were eventually dropped, plaintiff’s arrest triggered a year-and-a-half internal investigation by his employers, the FBI and the U.S. Department of Justice (“DOJ”), during which time plaintiff was suspended without pay. Plaintiff sued the FBI for the “unreasonable delay,” asserting violations under the Back Pay Act, 5 U.S.C. § 5596(b)(1), and the due process clause of the Fifth Amendment. See Plaintiff’s Complaint (“Compl.”) ¶ 3, ECF No. 1. As the remedy, plaintiff seeks declaratory relief and back pay of no less than $250,000. For the reasons discussed below, plaintiff’s claims are dismissed for lack of subject matter jurisdiction. I. BACKGROUND The facts, as plaintiff alleges and as relevant to this motion, are as follows. See Casey v.

McDonald’s Corp., 880 F.3d 564, 567 (D.C. Cir. 2018) (“On a motion to dismiss, we must assume that the allegations of the complaint are true.”). Plaintiff is or was an employee with the FBI. 1 On October 17, 2020, plaintiff was arrested in Nevada and criminally charged for reasons

1 The FBI is assumed to be plaintiff’s employer, though plaintiff’s complaint never explicitly says so. See Compl. at 1-2; see also Defendants’ Motion to Dismiss at 6 n.3, ECF No. 12 (assuming the same).

not specified in the complaint. See Compl. ¶ 3. Although plaintiff’s criminal charges were eventually dropped on November 17, 2020, and his case was dismissed on February 10, 2021, the arrest and charges triggered internal investigations by both the FBI and DOJ. Id. ¶¶ 4, 10, 15, 26. During the investigation, the FBI suspended plaintiff indefinitely without pay and suspended his security clearance. Id. ¶¶ 5, 9. When plaintiff’s counsel sought pay for plaintiff during his suspension, counsel was told that plaintiff could request back pay if he were reinstated. Id. ¶¶ 12, 14. Plaintiff alleges that, because of his inability to earn a living while the FBI and DOJ investigated, he was forced to sell his home to support his family. Id. ¶ 6. On April 21, 2022, approximately a year and a half later, the DOJ and FBI concluded their inquiries and informed plaintiff that he would be suspended without pay for 14 calendar days. Id. ¶ 26. Plaintiff alleges he “was informed by colleagues still working at the [FBI] that the SAC was not inclined to restore [him] to his former position [or] . . . pay [him] the back pay that he was owed from his suspension without pay.” Id. ¶ 27. 2 Three years later, on April 18, 2025, plaintiff brought this instant suit requesting declaratory and compensatory relief for the “unreasonable delay” of “a year and a half” between his arrest in October of 2020 and the internal investigation’s conclusion in the spring of 2022. Id. ¶¶ 3, 26. Nothing in the complaint suggests that, in the intervening three years, plaintiff availed himself of any internal DOJ procedures to request back pay. In the instant lawsuit, plaintiff brings two counts: one under the Back Pay Act, 5 U.S.C. § 5596(b)(1), “because [of] the Government[’s] unreasonabl[e] delay[] [in] making its final decision in its adjudication of his indefinite suspension without pay,” Compl. ¶¶ 29-30; and one under the due process clause of the Fifth Amendment for “unreasonable delay in adjudicating his indefinite suspension, denying

2 The complaint does not define “SAC.”

him the ability to earn pay and/or to access back pay,” id. ¶ 34. As relief, plaintiff seeks “a Declaratory Judgment that states [plaintiff] meets all of the criteria to be entitled to backpay under the Back Pay [A]ct”; “a Declaratory Judgment that determines that [d]efendants violated [p]laintiff’s Due Process Rights”; and “compensatory relief of no less than $250,000.” Id. (Relief).

On July 24, 2025, defendant moved to dismiss for lack of subject matter jurisdiction, Fed.

R. Civ. P. 12(b)(1), and failure to state a claim, Fed. R. Civ. P. 12(b)(6). See Defendant’s Motion to Dismiss at 1, ECF No. 12. II. LEGAL STANDARD To survive a motion to dismiss under Rule 12(b)(1), a plaintiff must establish that the court has subject matter jurisdiction over the claims asserted. See Arpaio v. Obama, 797 F.3d 11, 19 (D.C. Cir. 2015). “Federal courts are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 251, 256 (2013) (internal quotation marks omitted). Indeed, federal courts “are forbidden . . . from acting beyond [their] authority,” NetworkIP, LLC v. FCC, 548 F.3d 116, 120 (D.C. Cir. 2008), and, therefore, have “an affirmative obligation ‘to consider whether the constitutional and statutory authority exist . . . to hear each dispute,’” James Madison Ltd. ex rel. Hecht v. Ludwig, 82 F.3d 1085, 1092 (D.C. Cir. 1996) (quoting Herbert v. Nat’l Acad. of Scis., 974 F.2d 192, 196 (D.C. Cir. 1992)). A lack of subject matter jurisdiction over a case necessitates dismissal of the case. See Arbaugh v. Y & H Corp., 546 U.S. 500, 506-07 (2006); see also Fed. R. Civ. P. 12(h)(3) (requiring dismissal of the action “at any time” the court determines it lacks subject matter jurisdiction).

When considering a motion to dismiss under Rule 12(b)(1), the court must accept as true all uncontroverted material factual allegations contained in the complaint and “‘construe the

complaint liberally, granting plaintiff the benefit of all inferences that can be derived from the facts alleged’ and upon such facts determine jurisdictional questions.” Am. Nat’l Ins. Co. v. FDIC, 642 F.3d 1137, 1139 (D.C. Cir. 2011) (internal citations omitted) (quoting Thomas v. Principi, 394 F.3d 970, 972 (D.C. Cir. 2005)). The court need not accept inferences drawn by the plaintiff, however, if those inferences are unsupported by facts alleged in the complaint or amount merely to legal conclusions. See Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). Where, as here, a defendant files a motion to dismiss under both Rule 12(b)(1) and Rule 12(b)(6), the Rule 12(b)(1) grounds for dismissal are examined first, “as subject matter jurisdiction presents a threshold question.” El Paso Natural Gas Co. v. United States, 750 F.3d 863, 874 (D.C. Cir. 2014). III. DISCUSSION As noted, plaintiff asserts two claims for violation of the Back Pay Act, 5 U.S.C. § 5596, Compl. ¶¶ 28-32 (Count I), and of the due process clause under the Fifth Amendment, Compl. ¶¶ 33-41 (Count II). For the reasons discussed below, plaintiff’s complaint is dismissed for lack of subject matter jurisdiction.

A. Back Pay Act Claim Plaintiff claims he is entitled to back pay “because the Government unreasonably delayed making its final decision in its adjudication of his indefinite suspension without pay,” when “the adjudication . . . determined that the personnel action to suspend him was only warranted for a 14 calendar day time period.” Compl. ¶ 29. Plaintiff seeks “compensatory relief of no less than $250,000.” Id. (Relief). This claim fails for at least two independent reasons.

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