Bridges v. Kelly, 95-7038

Citation84 F.3d 470
Decision Date31 May 1996
Docket NumberNo. 95-7038,95-7038
PartiesCharles BRIDGES, Appellant, v. Sharon Pratt KELLY, et al., Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Appeal from the United States District Court for the District of Columbia (No. 94cv01559).

Charles Bridges, appearing pro se, argued the cause and filed the briefs for appellant.

Martin B. White, Assistant Corporation Counsel, argued the cause for appellees, with whom Charles F. Ruff, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Lutz A. Prager, Assistant Deputy Corporation Counsel, were on the brief. Garland Pinkston, Jr., Principal Deputy Corporation Counsel, entered an appearance.

Before EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Appellant Charles Bridges was terminated from his position as an attorney-advisor in the District of Columbia's Department of Administrative Services ("DAS") pursuant to a 1993 reduction-in-force ("RIF") action. Appellant brought suit in federal court against the District of Columbia ("D.C." or "the District") and various D.C. officials, alleging that his 1993 termination was the last in a series of actions taken against him in retaliation for his filing of a lawsuit challenging a 1991 RIF notice that was canceled before it took effect. In his complaint, which alleges violations of rights protected under, inter alia, 42 U.S.C. § 1983 (1994), the Veterans Reemployment Act, 38 U.S.C. § 2021 (1988) ("VRA"), and the United States Constitution, appellant requests reinstatement with associated benefits, a total of $8 million in compensatory damages, and a total of $20 million in punitive damages.

Prior to filing his action in District Court, appellant exercised his right under D.C. law to appeal his 1993 termination to the District's Office of Employee Appeals ("OEA"). Although this administrative appeal was filed on or about August 13, 1993, and the statutory deadlines for OEA action have long passed, appellant's OEA claim has not yet been adjudicated and remains pending before the local agency. On the assumption that the matters in issue in the federal court action could be pursued before the OEA, the District Court applied the doctrine of equitable restraint, set forth in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its progeny, and dismissed appellant's complaint.

Appellees concede in their brief before this court that a Younger-grounded dismissal was improper as to certain of appellant's claims, but not as to all. Brief for Appellees at 6, 8, 14. We find that, even assuming, arguendo, that the Younger doctrine may be employed in lawsuits involving the District of Columbia, Younger clearly has no application here. This is because, in the instant case, appellant has raised federal claims and sought relief that are beyond the compass of the D.C. administrative/judicial system. In particular, it is conceded that appellant could not receive from the D.C. system the full panoply of remedies available to him from the District Court in connection with his federal claims. On this record, we hold that there was no basis for a dismissal of appellant's lawsuit pursuant to Younger. Accordingly, we reverse and remand for further proceedings. 1

I. BACKGROUND
A. The Complaint Allegations and Prayer for Relief

According to his complaint, appellant held a position of attorney-advisor and functioned as a claims officer in the District's DAS for five years prior to his termination in 1993. Appellant's troubles with the District began in the Fall of 1991, shortly after his return from active service with the United States Army Reserves in the Persian Gulf War. By letter dated October 1, 1991, the District notified appellant that, pursuant to a RIF being undertaken pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978 Emergency Amendment Act of 1991, 38 D.C.Reg. 4935 (1991), he would be terminated effective November 8, 1991.

Appellant filed a lawsuit challenging the separation notice as violative of, inter alia, his retention rights under the VRA, which mandates that reservists returning to their old jobs following a period of active duty cannot be discharged, except for cause, for a period of one year. See 38 U.S.C. §§ 2021(b)(1) & 2024(b) (1988). The complaint states that the United States Department of Labor ("DOL") also intervened on appellant's behalf in contesting the separation notice. Complaint p 5, reprinted in Appellant's Appendix ("App.") Section B; see also 38 U.S.C. § 2025 (1988) (The VRA directs DOL to assist veterans in resuming their former positions upon returning from active duty.). In recognition of appellant's retention protection, the District canceled the October 1 separation notice on October 28, 1991. 2

Appellant alleges in his complaint that, following the District's rescission of the October 1991 separation notice, his supervisors "subjected [him] to a continuous pattern of harassment for nearly two years ... in retaliation for [his] law suit" challenging the separation notice. Complaint pp 5, 17, reprinted in App. Section B. According to appellant, this harassment entailed a variety of adverse personnel actions and culminated in the issuance of a second RIF-based separation notice on June 18, 1993, pursuant to which appellant was terminated from employment with the District on July 23, 1993.

Appellant exercised his right under D.C. law to appeal his 1993 termination to the District's OEA, 3 with a subsequent right to judicial review in the D.C. Superior Court. 4 Section 1-606.3 of the D.C.Code provides that the OEA Hearing Examiner shall render a decision "within 120 days, excluding Saturdays, Sundays, and legal holidays, from the date of the appellant's filing of the appeal with the [OEA]," the only exception being that the OEA "may promulgate rules to allow a Hearing Examiner a reasonable extension of time if extraordinary circumstances dictate that an appeal cannot be decided within the 120-day period." D.C.CODE ANN. § 1-606.3(c) (1992). However, although appellant filed his administrative appeal on or about August 13, 1993, Brief of the Appellant at 25, and although the OEA apparently failed to extend the statutory time frame for adjudication of the case, id. at 16, appellant's OEA appeal has not yet been adjudicated and remains pending before the OEA. 5 Appellant alleges in his complaint that his OEA appeal "has been unreasonably delayed beyond the required statutory 120 day time frame for adjudication, depriving [appellant] of due process of law[ ]. OEA has failed to address three ... consecutive defaults by the District in that case; and the administrative process does not provide complete and adequate relief to [appellant]...." Complaint p 5, reprinted in App. Section B.

In Counts One through Three, the complaint further alleges that the manner in which the District effected appellant's 1993 termination, the pattern of harassment preceding the termination, and the District's motive for subjecting appellant to termination all represent conduct actionable under 42 U.S.C. § 1983. Complaint pp 10-42, reprinted in App. Section B. In particular, appellant alleges that his discharge was "a sham, an illegal scheme/device to oust him from his job ... in obvious reprisal for a pending lawsuit and subsequent appeal, as well as for other illegal reasons." Id. p 42, reprinted in App. Section B. Finally, Count Four of the complaint alleges a section 1983 claim for intentional and/or negligent infliction of emotional distress. Id. pp 43-44, reprinted in App. Section B.

Appellant's prayer for relief states as follows:

(1) All compensatory damages in the sum of $8,000,000 [$2 million for each of the four counts of the complaint], or as the Court believes just and due, and it is requested that the court grant [appellant] reinstatement to his job with full seniority rights, back pay with accumulated raises, restoration of annual leave, accumulated sick leave, pension entitlements, and other benefits [appellant] is entitled to by his employment and damages for humiliation, pain, suffering, embarrassment, loss of reputation, nervous condition, the intentional and/or negligent infliction of mental and emotional distress, anxiety, and harassment.

(2) Punitive Damages in the amount of $20,000.00 [intended to read "$20,000,000.00 " 6].

(3) The cost of this action and [appellant's] expenses incurred in this matter, including reasonable attorney fees. (42 U.S.C. § 1988)

(4) And such other and further relief as this court may deem just and proper in law and equity.

Id. at 19-20, reprinted in App. Section B.

B. Proceedings Before the District Court

Appellant filed his complaint before the District Court on July 15, 1994. One week later, on July 22, 1994, the District Court ordered Corporation Counsel for the District to respond by August 22, 1994, regarding whether the complaint should be dismissed. On August 22, Corporation Counsel filed Defendants' Motion to Dismiss the Complaint, arguing that, in light of the pending OEA appeal concerning appellant's termination, the District Court should dismiss appellant's complaint both under the Younger doctrine of equitable restraint and for failure to exhaust local administrative remedies. In support of its dismissal arguments, Corporation Counsel characterized appellant's complaint as follows:

In essence, [appellant] merely seeks to have this Court review his employment termination from the District. While the complaint attempts to set forth allegations to give rise to federal jurisdiction under 42 U.S.C. § 1983, the complaint sets forth allegations which amount to no more than [appellant] seeking to have this Court take the place of the OEA and its authority to review [appellant's] termination.

Memorandum...

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