Taylor v. United States

73 Fed. Cl. 532, 2006 U.S. Claims LEXIS 303, 99 Fair Empl. Prac. Cas. (BNA) 225, 2006 WL 2949283
CourtUnited States Court of Federal Claims
DecidedOctober 13, 2006
DocketNo. 05-1045 C
StatusPublished
Cited by28 cases

This text of 73 Fed. Cl. 532 (Taylor 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
Taylor v. United States, 73 Fed. Cl. 532, 2006 U.S. Claims LEXIS 303, 99 Fair Empl. Prac. Cas. (BNA) 225, 2006 WL 2949283 (uscfc 2006).

Opinion

OPINION AND ORDER

SWEENEY, Judge.

Before this court is defendant’s motion to dismiss plaintiff’s pro se complaint1 pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). In a January 28, 2005 order, the United States District Court for the Central District of California (“district court”) transferred plaintiff’s complaint to this court. Plaintiff, in his transfer complaint, makes a variety of allegations relating to claims of discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (2000) (“Title VII”), and agreements settling several of his Title VII discrimination claims. As discussed more fully below, this court lacks subject matter jurisdiction over all of plaintiff’s claims except for his claim for breach of contract. Unfortunately, plaintiff fails to state a claim for breach of contract. However, because plaintiff does have a viable claim pursuant to a “right to sue” letter issued by the Equal Employment Opportunity Commission (“EEOC”), the court, in the interest of justice, transfers plaintiff’s complaint back to the district court. Only the district court possesses the authority to reinstate and reevaluate plaintiff’s Title VII discrimination claims, if it decides that course is appropriate.

I. BACKGROUND

Plaintiff is a correctional officer with the Federal Bureau of Prisons (“BOP”).2 Compl. 2. On December 21, 1987, while em[534]*534ployed at the Federal Correctional Institution (“FCI”) in El Reno, Oklahoma, plaintiff filed a formal discrimination complaint with the BOP, alleging that he was not assigned to a riot control squad on the basis of his race. Id.; Pl.’s Ex. 3.

In June 1989, while his discrimination claim was pending with the BOP, plaintiff was transferred from the El Reno FCI to the Metropolitan Detention Center in Los Angeles, California. Compl. 2; Pl.’s Ex. 1. The “Notification of Personnel Action” reflecting the transfer and accompanying promotion indicates that “[t]ravel and transportation expenses will be paid by the government including transportation of house hold [sic] effects and dependent family members.” Pl.’s Ex. 1.

On October 25, 1990, the BOP issued a “proposed disposition,” finding against plaintiff on his 1987 discrimination complaint. Pl.’s Ex. 3. Plaintiff requested a hearing, which was held on November 20,1991, before an administrative judge. Id. In a December 31, 1991 “recommended decision,” the administrative judge found no discrimination. Id. As a result, on March 9, 1992, the BOP issued a “final decision” against plaintiff. Id. Plaintiff appealed this decision to the EEOC. Id.

In a March 31, 1993 decision, the EEOC reversed the ruling of the BOP and found that the BOP had discriminated against plaintiff on the basis of race. Id. The EEOC awarded plaintiff back pay and “other benefits due [plaintiff] had he been assigned to the riot control squad.” Id. On July 1, 1993, an official at the El Reno FCI presented plaintiff with a check compensating him for lost overtime. Pl.’s Ex. 4.

On or before July 14, 1993, plaintiff filed a “Petition for Writ of Clarification and Enforcement” with the Office of Federal Operations at the EEOC. Id. According to his petition, plaintiff interpreted the 1993 EEOC decision regarding back pay to include compensation for promotions he would have received had he been assigned to the riot control squad (based upon evidence of the promotions received by other members of the riot control squad). Id. Plaintiff filed the petition because the BOP compensated plaintiff only for his lost overtime. Id.; Compl. 3. There is no evidence in the record that any action was taken on plaintiffs petition by the Office of Federal Operations.

On July 28, 1994, plaintiff and the BOP entered into a settlement agreement relating to a second discrimination complaint. Pl.’s Ex. 5, Doc. A. The agreement provided that plaintiff would withdraw his discrimination complaint if he was promoted to a permanent position of “Correctional Counselor GS-007-09” by February 18, 1995. Id. The agreement excluded from its coverage plaintiffs “allegation regarding storage charges.” Id.

At some point after July 28, 1994, plaintiff contacted the Department of Veterans Affairs regarding his “home loan debt.” Pl.’s Ex. 2, Doe. A. In a letter dated October 26, 1998, a representative of the Debt Management Center of the Department of Veterans Affairs confirmed plaintiffs payments totaling $29,328.05, stated an outstanding balance of $3,028.39, and informed plaintiff of his right to make a compromise offer to settle his outstanding debt. Id.

Also after July 28, 1994, plaintiff filed a third discrimination complaint against the BOP, alleging race and age discrimination and reprisal.3 Pl.’s Ex. 5, Doc. B. Plaintiff asserted that the BOP failed to give him an award at a staff recall and did not keep a promise to promote him and transfer him to the FCI in Florence, Colorado. Id. On April 18, 2002, plaintiff and the BOP entered into another settlement agreement (“2002 settlement agreement”) that, in paragraph 3, provided plaintiff with a promotion to “Correctional Counselor GS-09, Step 10” and a $500 award, in exchange for plaintiffs consent to dismiss his complaint with prejudice and to waive any further claims based upon the subject matter of the complaint. Id. With respect to plaintiffs obligations under the settlement agreement, paragraph 3(c) provides specifically:

Complainant will move to dismiss, with prejudice, the complaint in the above-captioned and numbered case.... Complain[535]*535ant understands that the term “with prejudice” means that he cannot ever again bring suit with respect to any claim which he has made or could have made with respect to the subject matter of this lawsuit.

Pl.’s Ex. 5, Doc. B. Further, paragraph 2 contains the following language:

[I]n order to reach a global resolution of all Complainant’s complaints, appeals and claims, the parties have reached an agreement for the full and final settlement and compromise of any and all claims set out in the above-captioned and numbered case, as well as all other claims against the Federal Bureau of Prisons, its officers, employees or agents, administrative or otherwise, and any other cause of action ... arising out of or related to the allegations in Complainant’s administrative complaint of discrimination.

Id.

Soon thereafter, plaintiff filed a complaint with the BOP alleging that the BOP had not complied with the 2002 settlement agreement. Def.’s App. 5. On May 23, 2003, the BOP determined that it had complied with the 2002 settlement agreement. Id. Plaintiff appealed the BOP’s determination to the EEOC and in a February 3, 2004 decision, the EEOC affirmed the determination of the BOP. Id. Plaintiff subsequently obtained a “right to sue” letter, dated March 17, 2004, from the EEOC. Id.

On June 17, 2004, plaintiff filed suit in the district court. Id. at 6.

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Bluebook (online)
73 Fed. Cl. 532, 2006 U.S. Claims LEXIS 303, 99 Fair Empl. Prac. Cas. (BNA) 225, 2006 WL 2949283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-united-states-uscfc-2006.