Richardson v. Yellen
167 F. Supp. 3d 105
D.D.C.2016Background
- Richardson sues the Board of Governors and seven individuals for constitutional, common-law, and statutory claims arising from his employment as a Federal Reserve LEU officer.
- Defendants move to dismiss all claims except disability-discrimination; the court grants the motion in its entirety.
- Richardson previously served in the Army; alleged asthma/allergies worsened by outdoor conditions; he sought accommodations but claims were ignored.
- Alleged facts include removal of medical documents, defamation, conspiracywearing, false testimony, and hostile work environment.
- Counts include ADA, Rehabilitation Act, defamation, wrongful termination, whistleblower retaliation, and various tort theories; court analyzes against immunity and exhaustion defenses.
- Court clarifies FTCA is the exclusive remedy for torts by the United States or its employees and that ADA claims are not properly framed against the federal government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA exhaustion bar prevents common-law tort claims | Richardson argues FTCA covers torts. | Defendants assert no exhaustion; FTCA exclusive remedy. | FTCA claims dismissed for lack of exhaustion. |
| Constitutional tort claims untimely against individuals | Claims alleged against individuals for constitutional rights violations. | Claims time-barred under DC limitations; Bivens claims untimely. | Bivens/constitutional claims against individuals dismissed. |
| ADA vs Rehabilitation Act viability | ADA claims applicable to federal employees; seeks disability accommodation. | ADA Title I excludes federal government; Rehabilitation Act applies. | ADA claims dismissed; Rehabilitation Act claims allowed against the head of the agency in official capacity. |
| Privacy Act claims are time-barred | Privacy Act violations alleged; ongoing conduct. | Two-year statute of limitations barred claims. | Privacy Act claim dismissed. |
| Disability-discrimination claims limited to official-capacity against Yellen | Disability claims against multiple defendants. | Rehabilitation Act liability limited to agency heads in official capacity. | Disability claims only viable against Yellen in official capacity; others dismissed. |
Key Cases Cited
- Doe v. Exxon Mobil Corp., 473 F.3d 345 (D.C.Cir.2007) (defamation and related torts within FTCA context)
- Epps v. U.S. Attny. Gen., 575 F. Supp. 2d 232 (D.D.C.2008) (FTCA limitations on constitutional torts; sovereign immunity)
- Briscoe v. LaHue, 460 U.S. 325 (U.S. 1983) (witness absolute immunity for testimony and affidavits)
- Meyer v. United States, 510 U.S. 471 (U.S. 1994) (FTCA waivers and sovereign immunity principles)
- Pinkerton v. Spellings, 529 F.3d 513 (5th Cir.2008) (ADA Title I exclusions of federal government)