74 F. Supp. 3d 329
D.D.C.2014Background
- Hickman filed in the D.C. Superior Court alleging the Library of Congress and the Martin Luther King Public Library placed him on no-enter lists for years and sought $1,000,000 in damages.
- The Librarian of Congress removed the case to this Court under 28 U.S.C. §§ 1442(a)(1) and 1446 and moved to dismiss under Fed. R. Civ. P. 12(b)(1)-(6).
- The D.C. Public Library separately moved to dismiss under Rule 12(b)(6).
- Plaintiff’s oppositions and a subsequent one-page filing failed to present cogent arguments supporting relief.
- The court granted the federal defendant’s and the D.C. Public Library’s motions, denied the plaintiff’s two-part motion, and dismissed the case.
- The court concluded the FTCA does not waive immunity for libel/slander and that exhaustion of administrative remedies is required; the Library is not a suable entity as a subordinate D.C. agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FTCA provides a waiver for the claim | Hickman argues for relief against the United States | FTCA does not cover libel/slander claims and requires exhaustion | FTCA does not provide jurisdiction; dismissal granted |
| Whether exhaustion of administrative remedies is satisfied | Hickman did not exhaust remedies | Exhaustion required under 28 U.S.C. § 2675 | Lack of exhaustion bars jurisdiction; dismissal granted |
| Whether the Library of Congress is a suable entity under FTCA | Not explicitly raised separate from federal claims | FTCA requires agency liability and Congress excludes libel/slander | FTCA claim cannot proceed; dismissal granted |
| Whether the D.C. Public Library can be sued in its own name | N/A | Agency not suable; subordinate to District government | Dismissal of DC Public Library claim; not a proper defendant |
Key Cases Cited
- Wilson v. Obama, 770 F. Supp. 2d 188 (D.D.C. 2011) (sovereign immunity and FTCA exhaustion guidance)
- FDIC v. Meyer, 510 U.S. 471 (Supreme Court 1994) (FTCA waiver and scope; sovereign immunity limits claims)
- Keeffe v. Library of Congress, 777 F.2d 1573 (D.C. Cir. 1985) (Library of Congress broadly within FTCA agency definition)
- Simpkins v. D.C. Gov’t, 108 F.3d 366 (D.C. Cir. 1997) (unexhausted FTCA claim lacks jurisdiction)
- Abdurrahman v. Engstrom, 168 F.App’x 445 (D.C. Cir. 2005) (affirming dismissal for unexhausted FTCA claim)