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Filed: 2/2/2006, Entered: 2/2/2006 |
Order on Motion to Dismiss |
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Judge Nancy Gertner : Electronic ORDER entered granting [3] Motion to Dismiss:Plaintiff's complaint includes three counts: Wrongful Termination (Count 1), Vicarious Liability (Count 2), and Unlawful Seizure (Count 3). With respect to the first two Counts, plaintiff has offered no evidence that the District Court has jurisdiction to hear her claims. No constitutional injury is alleged, and the only statute cited by plaintiff--39 U.S.C. s. 1000--does not exist. The government suggests that plaintiff may have intended to cite section 1208 instead of the nonexistent section 1000. However, plaintiff's claim does not easily fall within the ambit of section 1208 as it alleges neither a breach of the collective bargainign agreement by the Postal Service, nor a breach of the fair duty of representation by the union. And, even if the claim were cognizable under 1208, plaintiff filed her complaint almost 18 months after the statute of limitations had expired. In section 1208 cases the statute of limitations is six months, see Abernathy v. U.S. Postal Service, 740 F.2d 612, 617 (8th Cir. 1984), "and begins to run when the plaintiff 'knew or should have known in the exercise of reasonable diligence of the acts that constitute the [? 1208(b)] violation.'" Jones v. General Motors Corp., 939 F.2d 380, 384 (6th Cir. 1991). In this case, plaintiff filed her complaint almost two years after the arbitration decision. Consequently, both Counts 1 and 2 should be dismissed. Count 3 alleges an unlawful seizure in violation of the Fourth Amendment. To the extent that this claim targets the Postal Service, there are serious questions concerning the court's jurisdiction over the Postal Service for constitutional torts of this sort. To the extent that it targets federal employees in their individual capacities, it should be dismissed because it fails to state a cognizable claim under the Fourth Amendment. Plaintiff does not allege that she was ever taken into custody, arrested, or interrogated by law enforcement officers. She was interviewed solely in connection with issues arising out of her employment. This does not constitute a 4th Amendment violation and, contrary to plaintiff's suggestions, Miranda does not apply. As such, Count 3 is also dismissed. I must add: The performance of counsel for both sides was troubling. Plaintiff failed to establish a legal basis for two of her counts and failed to respond to critical arguments raised in the government's motion to dismiss. For its part, the government made numerous citation errors in its brief, thereby complicating the resolution of this matter. (Gertner, Nancy)
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 8 |
Filed: 1/10/2006, Entered: 1/17/2006 |
Memorandum of Law |
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MEMORANDUM OF LAW by Donna Layne in support of [7] Opposition to Motion to Dismiss. (Filo, Jennifer)
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| 7 |
Filed: 1/10/2006, Entered: 1/17/2006 |
Opposition to Motion |
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Opposition re [3] MOTION to Dismiss filed by Donna Layne. (Filo, Jennifer)
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| 6 |
Filed: 12/21/2005, Entered: 12/21/2005 |
Notice of Appearance |
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NOTICE of Appearance by Rayford A. Farquhar on behalf of Lori Bullen, Marsha Cannon, Harrington, Allen Douillette (Farquhar, Rayford)
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Filed: 12/21/2005, Entered: 12/21/2005 |
Order on Motion for Default Judgment |
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Judge Nancy Gertner : Electronic ORDER entered Denying [5] Motion for Default Judgment..motion to dismiss filed on 12/14/05. Opposition to mtn to dismiss on 12/28/05. (Molloy, Maryellen)
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| 5 |
Filed: 12/19/2005, Entered: 12/20/2005 |
Motion for Default Judgment |
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MOTION for Default Judgment as to Lori Bullen, Marsha Cannon, Inspectors Harrington, and Allen Douillette by Donna Layne.(Sonnenberg, Elizabeth)
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| 4 |
Filed: 12/14/2005, Entered: 12/14/2005 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [3] MOTION to Dismiss filed by Lori Bullen, Marsha Cannon, Harrington, Allen Douillette. (Farquhar, Rayford)
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| 3 |
Filed: 12/14/2005, Entered: 12/14/2005, Terminated: 2/2/2006 |
Motion to Dismiss |
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MOTION to Dismiss by Lori Bullen, Marsha Cannon, Harrington, Allen Douillette.(Farquhar, Rayford)
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Filed: 10/11/2005, Entered: 10/11/2005 |
Order on Motion to Amend |
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Judge Nancy Gertner: ElectronicORDER entered granting [2] Motion to Amend Complaint (Filo, Jennifer)
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| 2 |
Filed: 10/6/2005, Entered: 10/11/2005 |
Motion to Amend |
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MOTION to Amend [1] Complaint by Donna Layne. (Attachments: # (1) Affidavit in Support)(Filo, Jennifer)
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| 1 |
Filed: 5/16/2005, Entered: 5/26/2005 |
Complaint |
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COMPLAINT against Lori Bullen, Marsha Cannon, Harrington, Allen Douillette Filing fee: $ 250, receipt number 64517, filed by Donna Layne. (Attachments: # (1) Civil Cover Sheet)(Filo, Jennifer)
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Filed: 5/16/2005, Entered: 5/26/2005 |
Summons Issued |
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Summons Issued as to Lori Bullen, Marsha Cannon, Harrington, Allen Douillette. (Filo, Jennifer)
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Filed: 5/16/2005, Entered: 5/26/2005 |
Magistrate Judge Assignment |
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If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Bowler. (Filo, Jennifer)
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