Dexter Dodd v. Patrick R. Donahoe
2013 U.S. App. LEXIS 7849
| 6th Cir. | 2013Background
- Dodd, an African American USPS letter carrier, alleged FTCA false imprisonment, false arrest, abuse of process, and malicious prosecution, plus Title VII race discrimination claims.
- District court dismissed the FTCA claim as preempted by CSRA Chapter 23 and granted summary judgment on Title VII claim in favor of defendants.
- OIG investigators received complaints from Dodd’s supervisor, pursued a criminal investigation, and recommended state charges; grand jury indicted Dodd for forgery, identity theft, and theft of property.
- A superseding indictment later added misdemeanor theft charges; all criminal charges were subsequently dismissed.
- Dodd exhausted administrative avenues and filed suit in 2009; the PRA’s incorporation of CSRA provisions and §410(a) framed whether CSRA preemption applied to postal employees.
- Court reversed dismissal of FTCA claim, remanding for proceedings, but affirmed summary judgment on Title VII.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CSRA Chapter 23 applies to postal employees via the PRA | Dodd argues CSRA Chapter 23 does not apply to the Postal Service. | Defendants contend Chapter 23 governs postal personnel actions. | Chapter 23 not incorporated; FTCA not preempted; remand allowed. |
| Whether § 2302(a)(2)(A) applies to Dodd under FTCA | Dodd asserts § 2302 applies to his OIG actions. | Defendants maintain § 2302 is not incorporated into PRA. | § 2302 not applicable; claim preemption analysis unnecessary; remand. |
| Whether Dodd states a prima facie Title VII race-discrimination claim | Dodd claims evidence shows selective prosecution of Black employees. | Defendants argue no prima facie case since no white comparator shown. | Dodd failed to show a similarly situated non-protected employee treated more favorably; summary judgment affirmed. |
| Whether Dodd identified a proper comparator or sufficient basis for inference | Dodd relies on statements suggesting only African Americans were prosecuted. | No evidence of non-protected employees treated more favorably after similar alleged misconduct. | No prima facie discrimination; district court correct in granting summary judgment. |
Key Cases Cited
- Harper v. Frank, 985 F.2d 285 (6th Cir. 1993) (CSRA incorporation into PRA limits)
- Sarullo v. United States Postal Service, 352 F.3d 789 (3d Cir. 2003) (CSRA applicability to postal employees; 'personnel action' analysis)
- Younis v. Pinnacle Airlines, Inc., 610 F.3d 359 (6th Cir. 2010) (prima facie elements for Title VII discrimination; need for comparator)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (prima facie framework for employment discrimination)