Burton v. Peartree

• Decision Date: 05 May 1971
• Docket Number: Civ. A. No. 70-3010.
• Citation: 326 F. Supp. 755
• Parties: William Clyde BURTON, Plaintiff, v. Frank T. PEARTREE et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

326 F. Supp. 755

William Clyde BURTON, Plaintiff, v. Frank T. PEARTREE et al., Defendants.

Civ. A. No. 70-3010.

United States District Court, E. D. Pennsylvania.

May 5, 1971.

William Clyde Burton, pro se.

Warren D. Mulloy, Asst. U. S. Atty., Philadelphia, Pa., for defendants.

OPINION

HUYETT, District Judge.

William Clyde Burton, by complaint filed October 30, 1970, commenced this civil rights action against forty-four named defendants. The defendants include the Justices and clerks of the United States Supreme Court, the Judges and clerks of the Court of Claims, fourteen employees and officials of the Post Office Department, four members of the Civil Service Commission ("CSC"), and six employees and officials of the Justice Department. Burton alleges that the defendants have conspired with each other, the United States, and possibly other persons, to deprive him of his rights. He seeks back pay from the date his employment with the Post Office Department was terminated, a new position higher than the one he originally held, damages in excess of $20,000,000 ($500,000 from each defendant), and "proper" correction of the Supreme Court's "official reports containing plaintiff's said case * * * (i. e., Volume 394 U.S.-Part 3, Official Reports of the Supreme Court, April 21 through May 12, 1969, p. 1002." (Complaint, p. 8).

Defendants, represented by the United States Attorney, have moved to dismiss Burton's complaint averring:

1. The Court lacks jurisdiction over the subject matter;

2. The Court lacks jurisdiction over the persons named as defendants;

3. The complaint fails to state a claim upon which relief can be granted;

4. The complaint is frivolous; and

5. Service of process is insufficient.

The motion of defendants is granted.

I.

Burton, a Negro, was employed until 1966 as an Engineer, SP 9-175, Level 15, with the Engineering Branch, Engineering and Facilities Division, Regional Office, Post Office Department, Philadelphia, Pennsylvania. In early 1966, the position of Chief Engineer became vacant and Burton applied for a promotion to it believing he was entitled to the position by virtue of his position at that time. Also, a dispute arose concerning the exact scope of Burton's duties in the position he was then holding. Burton later made written complaints alleging that as a result of racial discrimination he was not permitted to function at the 15 Level as his job description required; he was not appointed Chief Engineer; and another person less qualified had been placed in the position of Chief Engineer.

During the course of his dispute with the Post Office Department, Burton enlisted the aid of the NAACP and CORE. Negotiations and picketing failed to achieve the result Burton desired, however. Burton also corresponded with White House personnel and members of Congress. Finally, the Equal Employment Officer of the Post Office Department conducted an investigation but the investigation failed to substantiate Burton's allegations of racial discrimination.

Later in 1966, Burton was reassigned to the position of General Engineer, grade GS-14, with an increase in pay, in the Office of Research and Engineering, Washington, D. C. Burton refused to accept reassignment to Washington averring that his "tenure" as a civil servant entitled him to remain in Philadelphia. Over his objection that the transfer was motivated by racial bias, Burton was formally terminated at Philadelphia and entered on the rolls at Washington. Burton never reported for work in Washington and consequently he was finally discharged by the Post Office Department.

Thereafter, Burton commenced an action in the Court of Claims against the United States seeking back pay. Burton alleged that racial discrimination prevented him from being promoted to Chief Engineer and eventually resulted in his transfer. Burton also argued that the Post Office Department could not transfer him without his consent which was never given.

In a four-to-three decision, the Court of Claims granted summary judgment in favor of the United States in Burton v. United States, 404 F.2d 365, 186 Ct.Cl. 172 (1968).¹ The majority accepted the findings of the CSC Board of Appeals and Review as being "lawful, supported by substantial evidence, and not arbitrary or capricious" (404 F.2d at 369). The CSC Board of Appeals and Review had found that failure to promote Burton "was due not to discrimination but to Mr. Burton's behavior on the Philadelphia job, particularly his refusal to perform assigned work. The termination of Burton's employment was due not to discrimination but to his refusal to report in Washington as lawfully ordered." The Court went on to say, at 373: "In all this lengthy record there is no evidence that any person or persons concerned with the promotion of plaintiff, his separation from service, and the review by the CSC, acted with a racial bias against plaintiff." The Court also concluded that Burton's consent was not a necessary prerequisite to transfer. It was on the issue of consent that the dissenting Judges disagreed. The dissenting opinion makes no reference to racial discrimination or the lack thereof.

Burton sought review of the Court of Claims decision by writ of certiorari to the Supreme Court pursuant to 28 U.S.C. § 1255. Certiorari was denied. Burton v. United States, 394 U.S. 1002, 89 S.Ct. 1599, 22 L.Ed.2d 780 (1969).

II.

Unwilling to accept the decision of the Court of Claims and denial of certiorari by the Supreme Court, Burton has filed a complaint with this Court in an attempt to relitigate his claims against the Post Office Department. Burton has also joined as defendants all persons who refused to grant him the relief he desires or who defended the action on behalf of the United States.

The first six of the twenty-two numbered paragraphs of the complaint do not deal with contentions of Burton which are pertinent to the instant case. Instead, Burton refers to William Clyde Burton v. Nathan L. Egnal, C.A. #70-946, a previously filed action pending before this Court involving unrelated issues.² As part of his complaint in this action (at p. 2) Burton "insists that the District Court not assign Judge C. William Kraft, Jr." in Burton v. Egnal averring, inter alia, that defendant in that action has no standing in the District Court to defend the action. Clearly, allegations of this nature have no place in Burton's present complaint and further confuse the issues presented therein.

Paragraphs 7 through 13 of the complaint deal with the decision of the Court of Claims. Burton avers that the action filed in the Court of Claims "has never been decided under the provisions of 28 U.S.C. § 1491"³ and the official report found at 404 F.2d 365 is a "sham-report" which is not authorized under that section. Burton concludes, then, that a determination by the Court of Claims is still pending as the "sham-report" has no effect. Moreover, the "sham-report" filed by the Court of Claims is said to contain "irrefutable and permanently documented proof * * * that the above named defendants from the Court of Claims conspired with the United States and `rigged' its dismissal of plaintiff's petition * * *, which act is contrary to plaintiff's equal rights under the law."

Paragraphs 14 through 17 of the complaint contain allegations that defendants from the Post Office Department violated departmental regulations by removing Burton from his position with the Post Office Department. Burton also avers that defendants from the Post Office Department, CSC, and Justice Department "conspired with each other (or someone)" to remove him from his job and refuse him promotion in violation of his rights.

The final portion of Burton's complaint charges that the Justices of the Supreme Court deprived him of his equal rights under the law to have the decision of the Court of Claims reviewed pursuant to 28 U.S.C. § 1255. Finally, Burton avers that the Justices of the Supreme Court conspired with defendant Griswold and unlawfully permitted Griswold to file a "worthless memorandum" rather than a "compulsory brief" in opposition to Burton's petition for a writ of certiorari.

Burton, proceeding pro se, has filed a lengthy and rambling complaint which contains little more than demands, charges, and conclusions. The complaint is not a short and plain statement of the case and flagrantly violates Fed.R.Civ.P. 8. On this ground alone the complaint may be dismissed. Koll v. Wayzata State Bank, 397 F.2d 124 (8 Cir. 1968), United States ex rel. Holland v. Maroney, 299 F.Supp. 262 (W.D.Pa.1969).

III.

Since filing his complaint, Burton has submitted numerous motions, requests, and demands to the Court. Although several of these have been in the form of letters and telegrams, and Burton has consistently failed to comply with Local Rule 36,⁴ several of the motions require discussion at this time.

Burton has filed two motions to amend his complaint by joining branches of the Post Office Department as defendants. For reasons stated below, the complaint is dismissed. Consequently, there is no need to pass on these motions.

On December 14, 1970, Burton requested prompt reconsideration of his "Application for Writ of Preliminary Injunction" which was denied by Order of this Court on December 3, 1970. In his request, Burton states that the Court erroneously relied upon the decision of the Court of Claims in Burton v. United States, supra, since a decision is still pending and only a "sham-report" has been filed. No additional facts or legal arguments were presented. The original refusal to issue the injunction was correct and, therefore, the request for reconsideration is denied.

Burton has attempted to have default judgments entered pursuant to Fed.R.Civ.P. 55(a)⁵ against defendants for failure to plead. Rule 55(e),⁶ however, provides that default judgment shall not be entered against officers of the United States until plaintiff establishes his claim before the Court....