Niles v. United States Capitol Police Board
233 F. Supp. 3d 140
| D.D.C. | 2017Background
- Lisa Niles, a former U.S. Capitol Police (USCP) sergeant, was terminated in August 2015 after a Disciplinary Review Board found she committed Conduct Unbecoming and lacked truthfulness arising from two Amtrak ticket incidents in 2014.
- Niles pursued administrative counseling and mediation under the Congressional Accountability Act (CAA) processes and filed this suit after mediation ended.
- Complaint alleges ADA disability discrimination, Title VII race and sex discrimination, and Fifth Amendment due process violations against the U.S. Capitol Police Board (CPB) and U.S. Capitol Police (USCP).
- CPB was served and appeared; CPB moved to dismiss for lack of subject matter jurisdiction, arguing the United States has not waived sovereign immunity for suits against the CPB.
- The CAA waives immunity only for suits by covered employees against their employing office; for Capitol Police employees the employing office is the U.S. Capitol Police (USCP), not the CPB.
- The court found service on the USCP unclear (plaintiff showed service on the Attorney General and U.S. Attorney but not proof that USCP received the summons) and granted leave to properly serve the USCP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CPB is a proper defendant or protected by sovereign immunity | Niles did not contest CPB’s immunity argument; listed USCP in caption and attempted service on related actors | CPB: United States has not waived immunity for suits against CPB; CAA waiver applies only to USCP | CPB dismissed for lack of subject matter jurisdiction (immunity not waived) |
| Whether USCP was properly served | Niles: she listed USCP in caption and served the Attorney General, U.S. Attorney, and Chief Verderosa | CPB (and court): no proof that USCP actually received service or that Verderosa was proper recipient | Court: service on USCP was not proven; plaintiff granted leave to properly serve USCP |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (jurisdictional presumption outside limited federal jurisdiction)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (plaintiff bears burden to establish jurisdiction)
- United States v. Dalm, 494 U.S. 596 (United States immune from suit absent consent)
- United States v. Mitchell, 463 U.S. 206 (federal government may not be sued without consent)
- Gen. Motors Corp. v. EPA, 363 F.3d 442 (federal courts are courts of limited jurisdiction)
- Am. Nat’l Ins. Co. v. F.D.I.C., 642 F.3d 1137 (pleading and inference standards on jurisdictional questions)
- Lujan-related procedural authority: Shekoyan v. Sibley Int’l Corp., 217 F. Supp. 2d 59 (plaintiff’s burden on jurisdictional facts)