Slaby v. Holder
901 F. Supp. 2d 129
D.D.C.2012Background
- Slaby, an Army veteran with a left-hand amputation using a prosthesis, sues under the Rehabilitation Act for disability discrimination after being disqualified from FBI Academy training.
- Plaintiff alleges he was treated as an outsider and subjected to additional assessments and trainings due to his prosthetic hand.
- FBI allegedly approved and instructed training staff to assess and disqualify Slaby for safety-related reasons, despite his ability to perform core duties.
- Plaintiff claims no final agency decision on his complaint was provided within 180 days.
- Defendant moves to dismiss for improper venue under 42 U.S.C. § 2000e-5(f)(3) or, alternatively, to transfer to the Eastern District of Virginia.
- Court transfers the case to the Eastern District of Virginia, finding venue improper in D.C. and transfer in the interest of justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DC is proper venue under § 2000e-5(f)(3). | Slaby argues headquarters decisions in DC rendered venue proper. | Be routed to VA where the discriminatory actions occurred. | DC is improper; transfer to ED Va warranted. |
| Whether venue is proper in the ED Virginia or the DC district. | Headquarters involvement supports DC venue. | Discriminatory acts occurred in Quantico; records and final decision there. | ED Va proper; DC not proper. |
| Whether the case should be transferred rather than dismissed. | Transfer preferable to avoid dismissal and preserve claims. | Dismissal or transfer to VA is appropriate; venue should be VA. | Transfer to ED Va is in the interests of justice. |
Key Cases Cited
- Beaird v. Gonzalez, 495 F. Supp. 2d 81 (D.D.C. 2007) (special venue provisions govern Rehabilitation Act actions)
- James v. Booz-Allen, Inc., 227 F. Supp. 2d 16 (D.D.C. 2002) (balance of first three venue prongs determines proper district)
- Bruce v. U.S. Dep’t of Justice, 167 F. Supp. 2d 524 (N.D.N.Y. 2001) (transfer appropriate where venue is improper and events occurred elsewhere)
- Sanchez ex rel. Rivera-Sanchez v. United States, 600 F. Supp. 2d 19 (D.D.C. 2009) (courts consider procedural obstacles and transfer in interest of justice)
- Walden v. Locke, 629 F. Supp. 2d 11 (D.D.C. 2009) (residual venue provision limited when prior prongs show proper district)