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956 F.Supp.2d 17
D.D.C.
2013
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Background

  • Lempert, pro se attorney/anthropologist, sues UN, UNDP, and Rice for breach of contract, fraud, and harassment over a Laos project.
  • UNV/UNDP Laos offered a one-year renewable position; start delayed and visa/clearance issues arose; UNDP later rescinded the position when Laos government would not issue a long-term visa.
  • Plaintiff alleges UN/UNDP withheld or displaced him with two other lawyers and failed to obtain proper government approvals, concealing misconduct.
  • Plaintiff claims Rice failed to respond or intervene, and seeks damages and an independent investigation; complaint lacks specific relief allocation.
  • Defendants move to dismiss; government files Statement of Interest on UN immunity; plaintiff seeks service and sanctions against UN/UNDP; court considers jurisdiction and immunity issues.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Are UN/UNDP immune from suit and thus dismissed for lack of subject matter jurisdiction? Lempert argues immunity should not bar review and that service should be allowed. UN/UNDP enjoy absolute immunity under the General Convention and IOIA; no express waiver present. UN/UNDP immune; claims dismissed for lack of jurisdiction.
Whether Rice is properly sued and whether FTCA substitutes the United States for her in official capacity claims? Sues Rice personally/officially for contract breach and related harms. Westfall Act certifies Rice acted within scope; United States substituted; contract claim against Rice fails. Claims against Rice dismissed; United States substituted where appropriate.
Whether Lempert's FTCA-based claims against Rice/USA satisfy administrative exhaustion requirements? FTCA claims are viable for tort-like conduct by federal employees. FTCA administrative filing requirements were not exhausted; dismissal required. FTCA exhaustion not satisfied; fraud claim against United States dismissed for lack of jurisdiction.
Whether Lempert plausibly states a fraud claim against Rice or is barred by lack of proper pleading? Rice facilitated the UN's alleged fraud; should be liable for related harms. Allegations are conclusory and fail to plead essential elements of fraud. Fraud claim against Rice dismissed for failure to plead fraud elements.
Whether a Bivens claim against Rice in her personal capacity is viable and should be allowed or dismissed? Requests constitutional remedies against Rice personally. Bivens claim not properly pleaded; no individual liability shown; service deficiencies. Bivens claim dismissed; cannot survive dismissal.

Key Cases Cited

  • Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010) (UN immunity generally absolute absent express waiver)
  • Boimah v. United Nations General Assembly, 664 F. Supp. 69 (E.D.N.Y. 1987) (immunity framework under UN General Convention and IOIA)
  • De Luca v. United Nations Org., 841 F. Supp. 531 (S.D.N.Y. 1994) (UN immunity analysis and IOIA impact)
  • Atkinson v. Inter-American Development Bank, 156 F.3d 1335 (D.C. Cir. 1998) (IOIA and immunity scope in international financial institutions)
  • Osborn v. Haley, 549 U.S. 225 (2007) (Westfall Act certification; replacement by United States as defendant)
  • Edwards v. Dist. of Columbia, 616 F. Supp. 2d 112 (D.D.C. 2009) (FTCA administrative exhaustion requirements guidance)
  • Bennett v. Kiggins, 377 A.2d 57 (D.C. 1977) (fraud pleading standards and reliance principles)
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Case Details

Case Name: LEMPERT v. RICE
Court Name: District Court, District of Columbia
Date Published: Jul 19, 2013
Citations: 956 F.Supp.2d 17; 1:12-cv-01518
Docket Number: 1:12-cv-01518
Court Abbreviation: D.D.C.
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