Casey v. Department of Health & Human Services
807 F.3d 395
1st Cir.2015Background
- Casey was a Nurse Coordinator for the CHPS Program at Hanscom AFB, employed by STG International under a government contract.
- In 2010 Millennium Health and Fitness became the prime contractor; STG remained as subcontractor and Casey continued employment under STG.
- Burk, Casey's supervisor, transitioned from STG to Millennium and supervised Casey's CHPS work while interacting with DHHS personnel.
- In November 2011, Casey faced performance concerns; following a confrontation with Carpenter about alleged harassment, she reported the assault to military police.
- Holl and Steinman urged termination; STG terminated Casey and revoked her security clearance on Nov. 17, 2011; Casey then sued in Bivens and for Title VII retaliation.
- The district court dismissed the Bivens claim as not properly pled and as lacking subject-matter jurisdiction, and a magistrate granted summary judgment on the Title VII claim, holding Casey was not an employee of DHHS under the joint-employer theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Casey's Bivens claim was properly dismissed for pleading deficiencies | Casey argues Bivens is viable against the named federal actors | Defendants contend Rule 8(a)(2) and lack of jurisdiction require dismissal | Bivens claim dismissed for failure to plead plausibly under Rule 8(a)(2) |
| Whether Casey was an employee of DHHS for Title VII retaliation liability | Casey invokes joint employment theory to include DHHS | DHHS did not employ Casey; STG was sole employer | DHHS summary judgment upheld; Casey not an employee of DHHS under EEOC factors |
| Whether the Title VII summary judgment was proper given the employment relationship | Summary judgment for DHHS affirmed; Casey not an employee of DHHS |
Key Cases Cited
- Cardigan Mountain Sch. v. N.H. Ins. Co., 787 F.3d 82 (1st Cir. 2015) (plain-meaning standard for Rule 8 and pleading sufficiency)
- Iqbal v. Ashcroft, 556 U.S. 662 (S. Ct. 2009) (pleading standards; plausibility required)
- Town of Barnstable v. O'Connor, 786 F.3d 130 (1st Cir. 2015) (liberal pleading standard and de novo review on jurisdictional dismissal)
- Alberty-Velez v. Corporación de Puerto Rico Para La Difusión Pública, 361 F.3d 1 (1st Cir. 2004) (EEOC factors evaluating employee status in joint-employment context)
- Lopez v. Massachusetts, 588 F.3d 69 (1st Cir. 2009) (applies traditional agency-law principles to identify master-servant relationships)
- Tapia-Tapia v. Potter, 322 F.3d 742 (1st Cir. 2003) (agency/employee analysis in Bivens context)