Wood v. Ruppe

659 F. Supp. 403, 1987 U.S. Dist. LEXIS 4841
CourtDistrict Court, District of Columbia
DecidedMarch 19, 1987
DocketCiv. A. No. 84-1111
StatusPublished

This text of 659 F. Supp. 403 (Wood v. Ruppe) 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
Wood v. Ruppe, 659 F. Supp. 403, 1987 U.S. Dist. LEXIS 4841 (D.D.C. 1987).

Opinion

MEMORANDUM OPINION

NORMA HOLLOWAY JOHNSON, District Judge.

Plaintiff Dean E. Wood brought this action on April 11, 1984, seeking declaratory, injunctive and monetary relief from the five Peace Corps officials who participated in the decision to terminate his services as a Peace Corps volunteer in the Dominican Republic. The sole basis for Wood’s termination was that he violated a Peace Corps policy that prohibits volunteers from publicly expressing views on United States or host country political issues while serving in their host countries. Wood alleged that this policy unconstitutionally violates his right to freedom of speech protected by the First Amendment, both on its face and as applied to him and that his termination is consequently unlawful.

In response to Wood’s complaint, the defendants moved for summary judgment on Wood’s claims against them in their individual capacities, arguing that they were entitled to absolute or, alternatively, qualified immunity. Wood cross-moved for summary judgment on his claims against the defendants in their official capacities. The defendants opposed the latter motion, stating that there were genuine issues of material fact “concernpng] plaintiff’s intentions with respect to his protest activities” that precluded summary judgment. Defendants’ Rule 56(f) Affidavit of John D. Bates, August 31, 1984 at ¶ 4.

In a Memorandum Opinion and Order issued September 27,1985, defendants’ motion for summary judgment was granted in that the defendants’ were entitled to qualified immunity. At the same time, plaintiff’s motion for summary judgment was denied as there were genuine issues of material fact in dispute which precluded summary judgment.

With the Court’s approval, the parties agreed to engage in limited discovery and thereafter attempt to stipulate to a set of facts upon which the Court, after receiving legal memoranda from both sides, could decide this case. A set of Stipulated Facts was filed by the parties on February 25, 1986. Trial briefs were received by the Court thereafter. Upon consideration of the Stipulated Facts and the trial briefs, the Court holds that the Peace Corps’ termination of Wood was not unconstitutional.

BACKGROUND

The facts of this case are set out in the Stipulated Facts filed by the parties. While the Court will not repeat those twenty-four pages of fact in full here, a brief summary is in order since the specific factual context in which the claim arose is particularly determinative in cases such as this. Wood joined the Peace Corps in August 1982 and was assigned to work in the Dominican Republic for a term of two years. During his tenure as a volunteer he earned praise as one of the “quieter, more serious volunteers,” who was “highly qualified for his work,” and had “an excellent record in the country.”

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Cite This Page — Counsel Stack

Bluebook (online)
659 F. Supp. 403, 1987 U.S. Dist. LEXIS 4841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-ruppe-dcd-1987.