Braun v. U.S. Dep't of the Interior
Braun v. U.S. Dep't of the Interior
Opinion of the Court
Plaintiff Jason Brian Braun, proceeding pro se , is a former employee of the Department of the Interior ("DOI") who was based in Albuquerque, New Mexico. After his employment ended in 2010, Braun brought administrative claims that he had been subject to employment-related misconduct, including discrimination based on disability. Those claims were heard by an *296administrative judge, who granted summary judgment for the agency. DOI adopted the administrative judge's decision. Braun subsequently appealed to the Equal Employment Opportunity Commission (the "EEOC"), which affirmed the dismissal. Braun has brought suit against DOI, the Secretary of the Interior,
Defendants have moved to dismiss Braun's claims against the EEOC for failure to state a claim. They also ask the Court either to dismiss the claims against DOI and the Secretary of the Interior for improper venue, or to transfer them to the District of New Mexico. See ECF No. 17. For reasons set forth below, the motion will be granted. Braun's claims against the EEOC will be dismissed with prejudice. In addition, the Court agrees that this District is not a proper venue for Braun's remaining claims against DOI and the Secretary of the Interior. Therefore, the case will be transferred to the District of New Mexico.
I. Background
Braun's Complaint appears to assert claims against DOI and the Secretary of the Interior under various federal statutes and regulations, including: Title VII of the Civil Rights Act of 1964 ("Title VII"); the Rehabilitation Act of 1973 ("Rehabilitation Act"), and specifically
Braun also asserts claims against the EEOC for violations of its procedures (namely, EEOC Management Directive 110, the EEOC Judges' Handbook, and
Braun alleges that he is a veteran with disabilities arising from his military service. See
After his employment ended, Braun sought administrative relief for this alleged *297misconduct.
Braun was dissatisfied with the EEOC's handling of the case, and wrote several letters expressing his dissatisfaction to representatives in Congress. See
Defendants have moved to dismiss the claims against the EEOC for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). See ECF No. 17. Defendants also argue that venue is improper with respect to the remaining claims against DOI and the Secretary of the Interior, and that these claims should either be dismissed or transferred to the District of New Mexico pursuant to Federal Rule of Civil Procedure 12(b)(3) and
The Court also ordered the parties to make a supplemental submission on whether venue would be proper in the Eastern District of Virginia. In their submission, Defendants argue that venue cannot lie in the Eastern District of Virginia. They further assert that at least two important witnesses are located in the District of New Mexico, and urge the Court to transfer the action there. See ECF No. 37 at 1-2. Braun has filed two responses to the Court's order. In the first, Braun states that his preference is to continue litigating the case in this Court, but that the Eastern District of Virginia would also be a convenient venue for him. See ECF No. 38 at 4-6. In the second, Braun provides additional reasons why the Eastern District of Virginia would be a proper forum. ECF No. 42. Specifically, Braun argues that records relating to his employment were located in Virginia when he brought his administrative claims, which, he asserts, means that venue is proper there under 42 U.S.C. § 2000e-5(f)(3). See ECF No. 42 at 3-4.
II. Legal Standard
A motion to dismiss under Rule 12(b)(6)"tests whether a plaintiff has properly *298stated a claim." BEG Invs., LLC v. Alberti ,
If venue is improper, the court must either dismiss the action or, "if it be in the interest of justice, transfer such case to any district ... in which it could have been brought."
III. Analysis
The Court will first analyze Defendants' motion to dismiss the claims against the EEOC under Rule 12(b)(6), and then turn to their motion to dismiss or transfer the remaining claims against DOI and the Secretary of the Interior under Rule 12(b)(3) and
A. Claims Against the EEOC
As Defendants correctly argue, "Congress has not authorized, either expressly or impliedly, a cause of action against the EEOC for the EEOC's alleged negligence or other malfeasance in processing an employment discrimination charge." Smith v. Casellas ,
*299B. Claims Against DOI and the Secretary of the Interior
Defendants assert that the only claims properly pleaded by Braun arise under the Rehabilitation Act.
1. Braun's Rehabilitation Act Claims
Rehabilitation Act claims are governed by Title VII's venue provision, 42 U.S.C. § 2000e-5(f)(3). See, e.g., Slaby ,
may be brought [i] in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, [ii] in the judicial district in which the employment records relevant to such practice are maintained and administered, or [iii] in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought [iv] within the judicial district in which the respondent has his principal office.
42 U.S.C. § 2000e-5(f)(3). Venue is proper under the fourth, residual prong of the statute "[o]nly if the defendant is not found within any of [the first three] districts." Herbert v. Sebelius ,
Braun argues that venue can and should lie in this District because his EEOC appeal was processed here, and because it would be a burden on him to litigate the case in New Mexico when he resides in Virginia. See ECF No. 23 at 4-5. Under the statute, the only possible relevance of these arguments is that certain records related to Braun's employment may have found their way to the District of Columbia in the course of the EEOC proceedings. However, "[c]ourts in this district have 'rejected the argument that the location where plaintiff's EEO complaints were initiated and processed provides a basis for venue under prong [two] of § 2000e-5(f)(3).' " Herbert ,
Braun also suggests that venue is proper in this District under prong four of the statute because DOI's principal office is located here. See ECF No. 23 at 5. But that prong does not apply to this case. Under the plain language of § 2000e-5(f)(3), venue under the first and third prongs is proper in the District of New Mexico, the place where Braun was employed during the alleged misconduct. And because DOI can be found in New Mexico, it is plain that the fourth, residual prong of the statute does not apply. Therefore, Braun's arguments are unavailing, and the Court agrees with Defendants that venue does not lie in this District.
Given that venue is improper here, the Court must consider whether and where to transfer the case. "Generally, the 'interest of justice' instructs courts to transfer cases to the appropriate judicial district, rather than dismiss them."
*300James v. Booz-Allen & Hamilton, Inc. ,
As discussed above, it is clear that venue is proper in the District of New Mexico under prongs one and three of the statute. Less clear is venue under prong two, which is proper in the "judicial district in which the employment records relevant to such practice are maintained and administered." Prong two could potentially support venue in one of two additional jurisdictions.
The first possibility is the Southern District of Illinois, where the relevant employment records are now archived. See Carruthers Decl. But courts in this District have disagreed on whether venue would be proper there. One court has held that, when a plaintiff's records were moved to storage after her employment, they were not "maintained and administered" at the storage location for purposes of the statute. See Saran v. Harvey , No. 04-cv-1847 (JDB),
The other potential venue under prong two is the Eastern District of Virginia, where the records were previously located during Braun's employment. See Carruthers Decl. But in light of the facts as they stood when Braun filed suit, it is doubtful whether venue lies there. The statute authorizes venue where the relevant records "are maintained and administered," but Braun's records are not presently there, and have not been at any time during this lawsuit. Saran could be read as implicitly blessing venue there, since the court in that case declined to recognize venue in the district to which the records had been sent for archival purposes. However, the court did not reach the issue because the records in that case had been located in Germany (outside any judicial district) during the plaintiff's employment. See
Therefore, in light of all of the above, the Court will transfer the case to the District of New Mexico. Although transfer there may be somewhat inconvenient for Braun, it is the only district in which venue clearly lies. Moreover, it is the only venue with a meaningful nexus to the facts of the case. The events related to Braun's employment allegedly took place there, and Defendants have proffered that at least two important witnesses are located there. Therefore, the Court finds that it is in the interest of justice to transfer the case to the District of New Mexico.
2. Braun's Non-Rehabilitation Act Claims
Braun invokes a large number of other statutes and authorities to support his claims against DOI and the Secretary of the Interior. For many of these authorities, in particular the criminal statutes that Braun cites, it is doubtful that he has a valid cause of action. See, e.g. , Lee v. USAID ,
"[T]he authority in this Circuit indicates that when a plaintiff brings a Title VII action, which is covered by Title VII's restrictive venue provision, as well as an action governed by the general venue provision, the narrower venue provision of § 2000e-5(f)(3) controls." Munoz v. England , No. 05-cv-2472 (CKK),
IV. Conclusion and Order
For the reasons set forth above, it is hereby ORDERED that Defendants' Motion to Dismiss or Transfer is GRANTED . Braun's claims against the EEOC are DISMISSED WITH PREJUDICE , and the case (including all of Braun's remaining claims against DOI and the Secretary of the Interior) shall be TRANSFERRED to the U.S. District Court for the District of New Mexico. It is FURTHER ORDERED that Secretary of the Interior Ryan Zinke shall be substituted for Defendant Sally Jewell pursuant to Federal Rule of Civil Procedure 25(d).
SO ORDERED.
It appears that Braun has sued former Secretary Sally Jewell in her official capacity. Defendants have requested that the current Secretary of the Interior, Ryan Zinke, be substituted for former Secretary Jewell pursuant to Federal Rule of Civil Procedure 25(d). The Court agrees that this request is proper and will grant it.
It is possible that Braun intended to invoke 5 U.S.C. § 3330a, a section of the Veterans Employment Opportunities Act of 1998.
While the Complaint does not describe these administrative proceedings in detail, Braun has filed documents related to these proceedings in connection with another motion. See ECF No. 2 ("Transfer Mot."). All citations to that motion and its attachments will use the page numbers generated by ECF.
Defendants suggest in a footnote that Braun's non-Rehabilitation Act claims should be dismissed for failure to exhaust administrative remedies. See ECF No. 17 at 3 n.2. However, Defendants have not moved to dismiss on that ground.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.