754 F. Supp. 2d 15
D.D.C.2010Background
- Plaintiff Marilyn Bloch, proceeding pro se, sues the United States Census Bureau in the District of Columbia for defamation and employment discrimination.
- Plaintiff alleges she was not hired because of a misdemeanor conviction she disputes, and also asserts age (60) and gender discrimination against the Bureau.
- Defendant moves to dismiss the defamation claims under Rule 12(b)(1) for lack of subject matter jurisdiction and to dismiss or for summary judgment on the discrimination claims under Rules 12(b)(6) and 56, respectively.
- The Bureau contends that the defamation claims are barred by sovereign immunity and that Bloch cannot establish a prima facie case of discrimination with the evidence produced.
- Affirmative evidence shows the Bureau used D-267 test scores to rank applicants and that Bloch’s score was lower than those of the ultimately selected candidates, including older women.
- The court grants dismissal of the defamation claims for lack of jurisdiction and grants summary judgment for the Bureau on the discrimination claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defamation claims are barred by sovereign immunity | Bloch contends the government defamed her by alleging a misdemeanor conviction. | Bureau argues FTCA excludes libel/slander claims and sovereign immunity bars suit. | Defamation claims dismissed for lack of subject matter jurisdiction. |
| Whether Bloch stated a prima facie case of employment discrimination | Bloch asserts age and gender discrimination in not hiring. | No evidence of discrimination; similarly situated, older women were selected with higher scores. | Summary judgment for defendant on discrimination claims. |
Key Cases Cited
- United States v. Mitchell, 463 U.S. 206 (1983) (sovereign immunity requires express congressional consent)
- United States v. Nordic Village, Inc., 503 U.S. 30 (1992) (consent to suit must be unequivocally expressed)
- Wuterich v. Murtha, 562 F.3d 375 (D.C.Cir. 2009) (FTCA defamation exclusion governs jurisdiction)
- Greene v. Dalton, 164 F.3d 671 (D.C.Cir. 1999) (summary judgment on conclusory discriminatory claims)
- Brown v. Brody, 199 F.3d 446 (D.C.Cir. 1999) (prima facie discrimination framework)
- Royall v. Nat'l Ass'n of Letter Carriers, 548 F.3d 137 (D.C.Cir. 2008) (similarly situated evidence in discrimination cases)
- Kralman v. Ill. Dep't of Veterans' Affairs, 23 F.3d 150 (7th Cir. 1994) (inference of discrimination from age-based disparities)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (burden on movant to show absence of genuine issues of material fact)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (no genuine dispute about material facts; evidence standard)