Speed v. United States

97 Fed. Cl. 58, 2011 U.S. Claims LEXIS 27, 2011 WL 286245
CourtUnited States Court of Federal Claims
DecidedJanuary 28, 2011
DocketNo. 10-125C
StatusPublished
Cited by15 cases

This text of 97 Fed. Cl. 58 (Speed 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
Speed v. United States, 97 Fed. Cl. 58, 2011 U.S. Claims LEXIS 27, 2011 WL 286245 (uscfc 2011).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Constance Speed seeks damages and equitable relief for an alleged breach of a settlement agreement (“the Settlement Agreement” or “Agreement”) previously entered by Ms. Speed and the United States Postal Service (“USPS”) to resolve an employment discrimination claim brought by Ms. Speed under Title VII. Under the terms of the Agreement, Ms. Speed agreed to the dismissal of her discrimination claim against the USPS, her former employer. In exchange for that dismissal, Ms. Speed was to receive a lump-sum payment and a reasonable opportunity to complete certain employment conditions, the satisfaction of which would have mandated her reinstatement as a Postal Inspector in Houston, Texas. Ms. Speed received the lump-sum payment, but six months after the parties entered the Agreement, she was notified by the USPS that she was no longer entitled to the benefit of the contractual provision that allowed her to complete the conditions necessary for her mandatory reinstatement. Ms. Speed alleges that the USPS thereby breached the Settlement Agreement.

Ms. Speed asks the court to: (1) outline the rights and duties of the parties to the [61]*61Settlement Agreement; (2) declare that the government’s conduct is in violation of the Settlement Agreement; (3) order the government to specifically perform the contract by a date certain; (4) order the government to reinstate Ms. Speed consistent with the Settlement Agreement; (5) in lieu of reinstatement or specific performance, order the government to pay front salary and benefits for the period remaining until normal retirement; (6) order the government to pay all back pay and other benefits to her from the date of breach until the date of her actual reinstatement; (7) order the government to pay Ms. Speed prejudgment and post-judgment interest on back pay and other damages at the highest rate allowable by law; (8) order the government to pay all of Ms. Speed’s reasonable attorney’s fees and costs; and grant Ms. Speed all additional relief to which she may be entitled. The government has filed a motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the Court of Federal Claims (“RCFC”).1

BACKGROUND2

Ms. Speed was employed as a Postal Inspector for the USPS in Houston, Texas until December 2001, at which time she was removed from her position. Def.’s Mot. to Dismiss (“Def.’s Mot.”) at 2. Ms. Speed appealed her removal to the Merit Systems Protection Board (“Board”), which ultimately dismissed her case for lack of jurisdiction and untimeliness. Id. Contemporaneously, Ms. Speed began receiving workers’ compensation from the Department of Labor’s Office of Workers’ Compensation Programs (“OWCP”) for an on-the-job injury she had suffered in November of 2000. Id.

In 2004, Ms. Speed brought suit in the United States District Court for the Southern District of Texas alleging that the USPS had subjected her to employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 78 Stat. 241, 253-66 (codified as amended at 42 U.S.C. §§ 2000e to 2000e-17). Am. Compl. ¶ 8. Subsequently, on June 4, 2005, Ms. Speed and the USPS entered into the Settlement Agreement presently at issue. Id. Under the terms of the Agreement, Ms. Speed agreed to dismiss her ease with prejudice in exchange for a lump-sum payment of $155,000.00. Def.’s App. 1 (Stipulation for Compromise Settlement (submitted as Def.’s App. 1-7)). The Settlement Agreement dictated that the lump-sum payment constituted “full settlement and satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of ... the same subject matter that gave rise to” Ms. Speed’s Title VII suit. Id. However, the Settlement Agreement also provided that:

[Ms. Speed] is to be reinstated to her position of Postal Inspector in the Houston Office- [Ms. Speed’s] reinstatement is subject to: (a) [Ms. Speed’s] passing a Fitness for Duty Examination, including physical and mental examinations, [showing] that she is fit to fully perform the duties of a Postal Inspector; and (b) [Ms. Speed’s] attending] and completing] a basic Inspector Training Academy Course on an audit basis at the Career Development Division in Potomac, Maryland; and (e) [Ms. Speed’s] ... obtaining] successful qualifying scores with her assigned handgun and shotgun. [Ms. Speed’s] failure to meet all of the requirements set forth in (a), (b), and (c) above will result in [Ms. Speed’s] not being reinstated as a Postal Inspector. However, [Ms. Speed] shall be given reasonable opportunity to pass these exams, complete the course, and attain qualifying scores as would any other Basic [62]*62Inspector Candidate attending the Inspector Training Academy Course.

Id. at 3.

Ms. Speed received the lump-sum payment of $155,000.00 from the USPS. Am. Compl. ¶ 9 n. 1. However, by December of 2005, six months after the parties entered the Settlement Agreement, Ms. Speed had not completed any of the prerequisites mandated by the Agreement for her reinstatement. Id. ¶ 9. She apparently did attempt to undergo a fitness-for-duty examination to satisfy requirement (a) of the Agreement, but that examination was not completed successfully due to a lifting restriction. See Def.’s App. 24.3 In her complaint and the filings received by the court thus far, Ms. Speed has neither alleged nor contended that she attempted to comply with the remaining two requirements. After a series of correspondence between Ms. Speed and the USPS, the USPS notified Ms. Speed on December 23, 2005, that she would not be reinstated to her former position due to her failure to complete the conditions of such reinstatement set out in the Settlement Agreement. Id.; Def.’s Mot. at 3. The USPS noted that Ms. Speed had failed to pass the fitness-for-duty examination and thus had determined that she was not fit to perform the duties of a Postal Inspector. Am. Compl. ¶ 9. This determination apparently also reflected medical documentation recording Ms. Speed’s lifting restriction.

Throughout 2005, Ms. Speed continued to receive benefits from the OWCP. Def.’s Mot. at 3. In March of 2006, however, the OWCP advised Ms. Speed that she would no longer receive such benefits because her medical report indicated that she could fully perform the duties of her position. Id.4 Shortly thereafter, Ms. Speed informed the USPS that her weight restriction had been lifted and that she was able to take the fitness-for-duty examination for reinstatement pursuant to the terms of the Settlement Agreement. Id.; Pl.’s Resp. at 2. At that time, Ms. Speed also requested that she be given priority consideration for any further appointment due to OWCP’s termination of her benefits. Def.’s Mot. at 3.5

The USPS responded on May 5, 2006, in a letter advising Ms. Speed that although reinstatement under the Settlement Agreement was no longer possible, she would be given priority consideration. Def.’s App. 24-25. The USPS also informed Ms. Speed that because of her lengthy absence from service she would have to pass a physical fitness-for-duty examination to be eligible for reappointment. Id. at 25.6 Upon successful completion of a physical examination, the USPS stated that Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Murphy v. United States
Federal Claims, 2022
Soliman v. United States
Federal Claims, 2017
Hendrickson v. United States
131 Fed. Cl. 489 (Federal Claims, 2017)
Langkamp v. United States
131 Fed. Cl. 85 (Federal Claims, 2017)
Farrell v. United States
Federal Claims, 2015
Liberty Ammunition, Inc. v. United States
119 Fed. Cl. 368 (Federal Claims, 2014)
Villars v. United States
590 F. App'x 962 (Federal Circuit, 2014)
Constance Speed v. United States
108 Fed. Cl. 648 (Federal Claims, 2013)
AEY, Inc. v. United States
99 Fed. Cl. 300 (Federal Claims, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
97 Fed. Cl. 58, 2011 U.S. Claims LEXIS 27, 2011 WL 286245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speed-v-united-states-uscfc-2011.