Attakora v. District of Columbia
951 F. Supp. 2d 179
D.D.C.2013Background
- Kwaku Attakora, a U.S. citizen born in Ghana, is an African-American senior statistician for CJCC since 2008.
- Defendant Butler, an African-American native-born, served as Interim Executive Director and later Executive Director of CJCC during relevant times.
- Attakora alleges Butler made derogatory statements about Africans and denied leave requests, suggesting discriminatory animus.
- Attakora sought FMLA leave in 2011 to travel to Ghana for medical treatment following surgery and ongoing health issues.
- Attakora was terminated on June 20, 2011 after a June 6 meeting; the proposed second amended complaint seeks to revive an FMLA claim.
- The court previously dismissed Attakora’s FMLA claim without prejudice; the current motion to amend was contested as futile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the proposed amendment to revive the FMLA claim survives a motion to dismiss | Attakora argues amendments cure deficiencies and state a claim. | District opposes, contending amendments are futile and fail to state a claim. | Denied; amendments would not survive dismissal. |
| Whether the FMLA claim requires showing that treatment was medically necessary | Attakora asserts necessity based on medical recommendations for treatment abroad. | District argues the complaint lacks proof that treatment was medically necessary. | Denied; amendments fail to allege medical necessity. |
| Whether the FMLA leave was needed to be absent from work for the proposed treatments | Attakora claims travel and time abroad were part of necessary treatment. | District contends no fact shows absence was required for treatment. | Denied; absence not shown as necessary. |
Key Cases Cited
- In re Interbank Funding Corp. Securities Litig., 629 F.3d 213 (D.C. Cir. 2010) (amendment standard: futile if fails to survive motion to dismiss)
- Iqbal v. United States, 556 U.S. 662 (U.S. 2009) (plaintiff must plead plausible facts, not bare assertions)
- Twombly v. Bell Atlantic Corp., 550 U.S. 544 (U.S. 2007) (plausibility standard for pleading)
- Hodgens v. Gen. Dynamics Corp., 144 F.3d 151 (1st Cir. 1998) (necessity of absence for diagnosis/treatment under FMLA)
- Haefling v. United Parcel Service, Inc., 169 F.3d 494 (7th Cir. 1999) (need for absence tied to medically necessary treatment)
- Jones v. C&D Techs., Inc., 684 F.3d 673 (7th Cir. 2012) (necessity and absence framework for FMLA analysis)