Taylor v. United States

80 Fed. Cl. 376, 2008 U.S. Claims LEXIS 33, 2008 WL 398819
CourtUnited States Court of Federal Claims
DecidedFebruary 1, 2008
DocketNo. 07-230C
StatusPublished
Cited by4 cases

This text of 80 Fed. Cl. 376 (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, 80 Fed. Cl. 376, 2008 U.S. Claims LEXIS 33, 2008 WL 398819 (uscfc 2008).

Opinion

OPINION

HORN, Judge.

This matter comes before the court on the government’s motion to dismiss plaintiff Humphrey Taylor’s complaint. Plaintiff requests that this court award him back pay and interest in the amount of “not less than” $94,366.00, retirement benefits, and attorney’s fees, and also order that he be promoted to a GS-12 position, pursuant to a July 15, 2004 Equal Employment Opportunity Commission (EEOC or Commission), Administrative Judge’s decision (Humphrey A. Taylor v. Thomas J. Ridge, Secretary of the Department of Homeland Security, EEOC No. 140-2003-08401, Agency No. I-02-H026). The government states that this court lacks jurisdiction pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC). Defendant argues that “this Court lacks jurisdiction to enforce EEOC decisions.” For the reasons discussed below, the court dismisses plaintiffs complaint pursuant to RCFC 12(b)(1), for lack of subject matter jurisdiction.

FINDINGS OF FACT

In his complaint filed with the court, plaintiff states that he is currently an employee of the Department of Homeland Security (DHS). According to the plaintiff, he filed a complaint with the EEOC, which was heard on June 25, 2004 by an Administrative Judge. Plaintiff alleges that DHS discriminated against him on the basis of race (Hispanic) and religion (Baptist) when he was not selected for the position of Supervisory Border Patrol Agent at the GS-12 level. At the time, plaintiff was employed as a Senior Border Patrol Agent in El Paso, Texas at the GS-11 level. On July 15, 2004, in an opinion attached to plaintiffs complaint, the EEOC Administrative Judge found discrimination and issued a decision awarding plaintiff damages in the amount of $35,000.00 and back pay with interest. The decision stated that the Agency owes plaintiff “back pay with interest and other benefits due Complainant for the period from June 3, 2001____” The administrative decision also ordered DHS to appoint plaintiff to a “Supervisory Border Patrol Agent, GS-1896-12, position in Charleston, South Carolina, or other location agreeable to the Complainant, retroactive to June 3, 2001, with relocation expenses.”

The Administrative Judge’s decision was appealed to the EEOC’s Office of Federal Operations (OFO). In an opinion, also attached to plaintiffs complaint, on May 31, 2006, the Administrative Judge’s decision was determined to be the agency’s final action and the Commission, through the Director of the OFO, affirmed the administrative decision and awarded attorney’s fees.

The OFO order stated, in pertinent part:

* * *
If the agency does not comply with the Commission’s order, the complainant may petition the Commission for enforcement of the order. 29 C.F.R. § 1614.503(a). The complainant also has the right to file a civil action to enforce compliance with the Commission’s order prior to or following an administrative petition for enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g). Alternatively, the complainant has the right to file a civil action on the underlying complaint in accordance with the paragraph below entitled “Right to File A Civil Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C. § 2000e-16(e) (1994 & Supp. IV 1999). If the complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 29 C.F.R. § 1614.409.
[378]*378COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court within ninety (90) calendar days from the date that your receive this decision. In the alternative, you may file a civil action after one hundred and eighty (180) calendar days of the date you filed your complaint with the agency, or filed your appeal with the Commission. If you file a civil action, you must name as a defendant in the complaint the person who is the official agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. Filing a civil action will terminate the administrative processing of your complaint.

According to plaintiffs amended complaint, on November 18, 2006, plaintiffs attorney sent a letter to the EEOC and DHS, stating that defendant had failed to comply with the Administrative Judge’s order and demanding that the defendant do so. In February, 2007, plaintiff states the DHS paid the plaintiff compensatory damages in the amount of $35,000.00. Plaintiff alleges, however, that he has not received the back pay with interest, or his promotion to a Supervisory Border Patrol Agent, which also was provided for in the Administrative Judge’s decision.1 On April 9, 2007, plaintiff filed his original complaint in this court seeking to enforce the EEOC decision, and alleging that this court has jurisdiction over his claims pursuant to 28 U.S.C. § 1507 (2000). On July 20, 2007, plaintiff filed an amended complaint, alleging that this court has jurisdiction over the claim pursuant to the Tucker Act, 28 U.S.C. § 1491 (2000), 5 C.F.R. § 550.805 (2004) and 29 C.F.R. §§ 1614.501.505 (2004), no longer citing 28 U.S.C. § 1507.

DISCUSSION

Defendant responds to plaintiffs complaint by bringing a motion to dismiss plaintiffs claims pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC) and RCFC 12(b)(6), arguing that “[t]his Court lacks jurisdiction to enforce EEOC decisions.” In response, plaintiff admits that his initial complaint invoked an incorrect jurisdictional basis.

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Related

Dourandish v. United States
120 Fed. Cl. 467 (Federal Claims, 2015)
Lyons v. United States
99 Fed. Cl. 552 (Federal Claims, 2011)
Taylor v. United States
310 Fed. Appx. 390 (Federal Circuit, 2009)
Gimbernat v. United States
84 Fed. Cl. 350 (Federal Claims, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
80 Fed. Cl. 376, 2008 U.S. Claims LEXIS 33, 2008 WL 398819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-united-states-uscfc-2008.