956 F. Supp. 2d 17
D.D.C.2013Background
- Lempert sues UN, UNDP, and Susan Rice for breach of contract, fraud, and harassment related to a failed UN project in Laos.
- UNV/UNDP allegedly offered a one-year position in Laos in 2009; start was delayed and then canceled when Laos refused a long-term visa.
- Allegations include that other lawyers were hired for the project and that proper visa requests were not submitted, enabling the UN to cancel Lempert’s position.
- Rice’s office allegedly ignored Lempert’s requests for assistance and could be liable for the UN’s alleged breach; Westfall Act certification affects personal capacity claims.
- Court sua sponte addresses sovereign immunity and immunities under the General Convention and IOIA; ultimately grants Rice’s motion to dismiss and dismisses all claims against UN and UNDP.
- The court issues an order dismissing the entire action and denying service/sanctions against UN/UNDP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether UN/UNDP are immune from suit | Lempert argues against immunity | UN/UNDP possess absolute immunity unless waived | UN/UNDP immune; dismissed for lack of jurisdiction |
| Contract claim against Rice and US officials | Plaintiff asserts joint liability for UN breach | No contract between Lempert and Rice/US; no jurisdiction | Count I dismissed; contract claim against Rice abandoned or failure to state a claim |
| Fraud claim against Rice/US | Fraud based on Rice’s actions/inaction | FTCA administrative exhaustion required; no proper federal trigger | Count II dismissed for lack of FTCA exhaustion and failure to state a claim |
| Harassment claim against Rice | Requests for assistance caused harassment | No FTCA basis or proper state claim | Count III dismissed for FTCA exhaustion and lack of claim to state a harassment cause of action |
| Bivens claim against Rice in personal capacity | Constitutional rights violation by Rice personally | Bivens claim improperly pleaded; no personal involvement alleged | Dismissed; futile to amend to state a Bivens claim |
Key Cases Cited
- Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010) (UN immunity under General Convention; absolute immunity)
- Atkinson v. Inter-American Development Bank, 156 F.3d 1335 (D.C. Cir. 1998) (IOIA immunity and FSIA discussion; IOIA interpreted as absolute immunity)
- Edwards v. District of Columbia, 616 F. Supp. 2d 112 (D.D.C. 2009) (FTCA administrative claim exhaustion requirement)
- Osborn v. Haley, 549 U.S. 225 (2007) (Westfall Act certification; federal employee immunity; substitution of United States)