GREER v. BOARD OF TRUSTEES
1:23-cv-03396
D.D.C.May 8, 2024Background
- Billy Greer, a University of the District of Columbia (UDC) police officer since 1989, injured his toe in June 2020 and requested a light-duty assignment based on a doctor's recommendation.
- UDC denied his light-duty request, directed him to file a worker’s compensation claim, and later terminated him for alleged fraudulent filing of that claim.
- Greer appealed his termination to the D.C. Office of Employee Appeals (OEA); the ALJ upheld his termination, and his petition for OEA review is still pending.
- Greer then filed this lawsuit, pro se, asserting multiple causes of action against UDC and individual employees, including claims of due process violations, conspiracy, retaliation, and defamation.
- The Court had previously dismissed a similar suit by Greer (Greer I), and UDC moved to dismiss this case primarily for failure to exhaust administrative remedies under the Comprehensive Merit Personnel Act (CMPA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CMPA bars Greer’s claims | CMPA doesn’t cover all his claims; not a jurisdictional bar | CMPA preempts all employment-related claims here | CMPA covers and bars all his asserted claims |
| Whether exhaustion of OEA process is required | Not required/jurisdictional | Must exhaust OEA before coming to court | Exhaustion required; case dismissed |
| Whether federal constitutional claims bypass CMPA | Due process claims are not precluded | Federal claims arise from same facts, so are covered | Federal claims still subject to CMPA exhaustion |
| Whether pro se opposition can state new claims | New (ADA, ADEA, Title VII) claims raised in response | Complaint controls; new claims procedurally deficient | Even if considered, new claims unexhausted/untimely |
Key Cases Cited
- Dickerson v. Dist. of Columbia, 70 F. Supp. 3d 311 (D.D.C. 2014) (Claims for wrongful termination by D.C. employees are preempted by the CMPA)
- Lattisaw v. Dist. of Columbia, 905 A.2d 790 (D.C. 2006) (CMPA provides a remedy for employment-related complaints of D.C. employees)
- Robinson v. Dist. of Columbia, 748 A.2d 409 (D.C. 2000) (CMPA is the exclusive remedy for work-related complaints of D.C. public employees)
- Thompson v. Dist. of Columbia, 593 A.2d 621 (D.C. 1991) (CMPA creates a comprehensive administrative review process, limiting court review to a last resort)