Williams v. Perdue
Williams v. Perdue
Opinion of the Court
Federal courts, like museums, have different portals for different people. A hapless tourist who enters through the employees' door may be ejected from a museum, even if he were otherwise entitled to be there. Similarly, a plaintiff who comes into federal court through the federal removal process may find his case thrown out, even if it could have properly arrived there another way. Such is the plight of Melvin Williams, who sued the U.S. Department of Agriculture in the Superior Court of the District of Columbia, alleging the Department discriminated and retaliated against him based on his disability. The Department's conduct, he contends, violated the Rehabilitation Act of 1973,
The Department, as a federal defendant, exercised its right to remove the case to federal court. It now seeks dismissal, arguing, among other things, that this Court lacks jurisdiction over Mr. Williams's Complaint. The Court agrees. Because the Superior Court lacks jurisdiction over Rehabilitation Act cases involving federal agency defendants, this Court cannot exercise derivative jurisdiction. It will therefore dismiss the case.
I.
Mr. Williams worked for the Department for about a decade before being fired in 2017. Compl. 1, ECF No. 16. He alleges that he injured his right hand while "on the job as a printing equipment operator."
After he was terminated, Mr. Williams filed a complaint with the Department's Equal Employment Opportunity Office. See ECF No.1-3 at 1. The Office investigated and issued a report detailing its findings.
*53• Mr. Williams "was given numerous opportunities to continue to work and was given modified duties that addressed the limited performance of his right hand,"
• He "continuously refused to report for duty, even after he was medically cleared to report to work," and
• The Department "proffered a legitimate, nondiscriminatory reason for its decision to terminate [Mr. Williams]."
Mr. Williams disagrees with these findings. Proceeding pro se , he challenged the Final Agency Decision in the District's Superior Court. Compl. 1 n.1, ECF No. 16. See also Pl.'s Petition for Review of Agency Decision, ECF No. 1-2 at 2. His Petition named the Department and four of its employees as defendants.
The Department then moved to dismiss the individually named defendants and for a more definite statement of Mr. Williams's claims. See ECF Nos. 4 and 10. The Court granted both motions. In requiring a more definite statement from Mr. Williams, it noted that a complaint in federal court must contain a "short and plain statement of the grounds for the court's jurisdiction," a "short and plain statement of the claim showing that the pleader is entitled to relief," and a demand for the relief sought. See Court's October 9, 2018 Order, ECF No. 11 at 1 (discussing Fed. R. Civ. P. 8(a) ).
A few days after the Court's Order, Mr. Williams obtained counsel. See ECF No. 12. He then filed the current Complaint detailing his contentions of law and fact. See Compl. In response, the Department has moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
II.
"Federal courts are courts of limited jurisdiction" possessing "only that power authorized by Constitution and statute." Kokkonen v. Guardian Life Ins. Co. of Am. ,
On a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1), the plaintiff bears the burden of establishing jurisdiction. Georgiades v. Martin-Trigona ,
III.
The Court must dismiss this case for lack of subject matter jurisdiction. Under
The Superior Court lacked jurisdiction to consider Mr. Williams's allegations. This is because the "United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit." United States v. Sherwood ,
The Act authorizes some cases against the Federal Government but subjects them to the limitations imposed by Title VII of the Civil Rights Act of 1964. See 29 U.S.C. § 794a(a)(1). Title VII, in turn, identifies the courts that have jurisdiction to hear Title VII claims. It states that "[e]ach United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter." 42 U.S.C. § 2000e-5(f).
The District's Superior Court is not such a court. The "clear meaning of the phrase 'United States district court' does not encompass state courts or the courts of the District of Columbia." Day ,
Mr. Williams's arguments to the contrary are unpersuasive. To begin with, he appears to concede that the law compels the Court's decision. See Pl.'s Opp. to Mot. to Dismiss ("Pl.'s Opp."), ECF No. 22, at 2 ("Under existing precedent, the Secretary's derivative jurisdiction argument is entitled to prevail where subject-matter jurisdiction was lacking in the state court removed from."). This statement is correct-existing, binding precedent mandates dismissal here.
But even ignoring this apparent concession, Mr. Williams's contentions fail. He notes that this case "and its current posture are quite atypical" and that Mr. Williams "was pro se until after removal."
Mr. Williams also suggests that his filing in the Superior Court "was not a complaint, but was a legally inoperative 'petition for review of agency decision.' "
Mr. Williams urges that, in ordering a more definite statement of his allegations, the Court "employed a repleading procedure specifically contemplated and authorized by Fed. R. Civ. P. 81(a)." Pl.'s Opp. at 4. But again, Mr. Williams misreads the Court's Order, which simply granted the Department's motion for a more definite statement. That motion, and the Court's Order, concerned Rule 8 and not Rule 81(a).
Next, Mr. Williams correctly observes that a party seeking removal from state court bears the burden of showing that jurisdiction exists in federal court. Id. at 5. If this Court lacks jurisdiction, he contends, then the Department failed to meet its removal burden and the "threshold jurisdictional dispute should have played out in the D.C. court." Id. Perhaps. But whether removal was proper does not affect the scope of this Court's jurisdiction. And even if the Court agreed with Mr. Williams, the appropriate remedy would be to remand the case to the Superior Court. On remand, of course, the Superior Court would be compelled to dismiss the case for lack of jurisdiction. This argument thus fails ameliorate Mr. Williams's predicament.
Lastly, Mr. Williams argues that the Department could have sought removal under either
But Section 1442 is the proper removal mechanism for federal defendants. By its plain terms, it applies to the "United States or any agency thereof," or "any officer" of a federal agency.
Underlying Mr. Williams's arguments is a mistaken belief that the Court may expand its subject matter jurisdiction. True, the Court construes pro se filings liberally. See Richardson v. United States ,
IV.
For these reasons, the Defendant's Motion to Dismiss will be granted. A separate Order accompanies this Opinion.
The Court draws all reasonable inferences in favor of Mr. Williams in considering the Department's Motion to Dismiss. See Schmidt v. U.S. Capitol Police Bd. ,
For the purposes of removal, the "term 'State court' includes the Superior Court of the District of Columbia."
Reference
- Full Case Name
- Melvin K. WILLIAMS, Jr. v. Sonny PERDUE, in his official capacity as Secretary, United States Department of Agriculture
- Cited By
- 14 cases
- Status
- Published