Carter v. Rubin, Civ. 93-1263 (RCL).

• Decision Date: 28 January 1998
• Docket Number: No. Civ. 93-1263 (RCL).,Civ. 93-1263 (RCL).
• Citation: 14 F.Supp.2d 22
• Parties: Wendy Lynn CARTER, Plaintiff, v. Robert E. RUBIN, Secretary Department of the Treasury, Defendant.
• Court: U.S. District Court — District of Columbia

14 F.Supp.2d 22

Wendy Lynn CARTER, Plaintiff, v. Robert E. RUBIN, Secretary Department of the Treasury, Defendant.

No. Civ. 93-1263 (RCL).

United States District Court, District of Columbia.

January 28, 1998.

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Jerusa Carl Wilson, Jr., Semmes, Bowan & Semmes, Washington, DC, James William Morrison, Arter & Hadden, Washington, DC, Thomas Gardiner Corcoran, Jr., Berliner, Corcoran & Rowe, Washington, DC, Michael Wayne Beasley, Falls Church, VA, for Plaintiff.

Stacy M. Ludwig, Alexander Shoaibi, United States Attorney's Office, Washington, DC, Sally M. Rider, Office of International Claims & Investment Disputes, Office of the Legal Adviser, Washington, DC, for Defendant.

MEMORANDUM OPINION

LAMBERTH, District Judge.

This matter comes before the court on defendant's motions to dismiss and for summary judgment on the discrimination claims of plaintiff Wendy Lynn Carter. Plaintiff Wendy Lynn Carter filed this suit after her resignation from the Bureau of Alcohol, Tobacco and Firearms ("ATF") contesting her working conditions, the threat of removal, and her subsequent resignation on the grounds that she was discriminated against on the basis of race (African-American), gender (female), and retaliation for participation in activities protected by federal anti-discrimination laws. Carter contends that she is therefore entitled to reinstatement to a federal law enforcement position, back-pay, and appropriate benefits under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1991, 42 U.S.C. § 1981.

The court is presented with defendant's motion to dismiss the portions of plaintiff's complaint that have not been administratively exhausted and defendant's motion for summary judgment on plaintiff's remaining claims. Upon consideration of the submissions of the parties and the relevant law, defendant's motion to dismiss certain portions of plaintiff's complaint is granted and defendant's motion for summary judgment on the remaining claims is likewise granted.

I. Background

The Bureau of Alcohol, Tobacco, and Firearms ("ATF") is an agency of the United States Department of Treasury with a dual law enforcement and regulatory purpose. The ATF is charged with enforcing and administering firearms and explosives laws, as well as laws covering the production, use, and distribution of alcohol and tobacco products. The ATF's Office of Law Enforcement conducts its field operations through its approximately twenty-two district offices nationwide. Each of these district offices is headed by a special agent in charge ("SAC"), with subordinate offices in each district headed by group supervisors or resident agents in charge ("RAC's"). Def.'s Mot. for Summ.J. at 5.

In an effort to carry out its law enforcement mission, the ATF employs criminal investigators, also referred to as special agents, in the job classification series GS-1811.¹ The Bureau describes the duties of special agents as including gathering information and intelligence; investigating specific cases involving weapons, liquor, explosives, bombs, or component parts; participating in raids, surveillance activities, and working undercover; executing search and arrest warrants; assisting other law enforcement agencies; and reviewing evidence at the conclusion of an investigation and preparing case reports if evidence requires such a report. Id. at 5-6.

The position of a Criminal Investigator or Special Agent is classified by ATF as "critical sensitive." The establishment of a position's sensitivity level is based upon an analysis of the adverse impact to the agency that would result if an unsuitable person occupied that position. A position is designated as critical sensitive if there is potential for exceptionally grave damage to the national security if the position were held by an unsuitable person. Within ATF, all GS-1811 positions in the Office of Law Enforcement are designated as critical sensitive. Id. at 3.

The claims of discrimination asserted by plaintiff Wendy Lynn Carter stem, in part, from an incident immediately preceding her termination from her law enforcement position with ATF. Carter entered service with ATF on December 18, 1989 as a GS-1811, grade 5, Special Agent. Comp. ¶¶ 6, 43-45. In conjunction with her employment as an ATF Special Agent, Carter was issued a government-owned vehicle, law enforcement credentials, a 9mm Sig Sauer semi-automatic firearm and 9mm ammunition, and a .38 caliber Smith and Wesson Model 66 firearm and ammunition for this weapon. Id. ¶ 10. On January 25, 1990, after qualifying in training to carry a firearm, Special Agent in Charge for the Washington Field Division David Troy ("SAC Troy") authorized Carter to carry a firearm on duty and to begin performing law enforcement functions. Carter then attended Criminal Investigator Training School from February 9, 1990 to April 11, 1990 and attended New Agent Training School from October 1990 to December 1990. Id. ¶¶ 11-12.

On February 16, 1991, Carter was involved in a dispute and altercation with her adult male friend, Joel Sadler. Def.'s Mot. for Summ.J. at 4. This dispute resulted in an automobile accident between plaintiff's government-owned vehicle and the vehicle that Sadler was operating and the firing of the government-issued Smith and Wesson revolver by Carter at Sadler. Comp. ¶ 31; Def.'s Mot. for Summ.J. at 9. Carter and Sadler had apparently argued earlier in the evening of February 16 with the argument resuming and escalating later that evening in Carter's suburban Maryland apartment.

Carter alleged that during the course of the altercation in her apartment she feared for her physical safety and as a result of this fear, she withdrew her government issued Sig Sauer 9mm pistol and demanded that Sadler cease his attack. Comp. ¶ 22. According to Carter, Sadler then grabbed the issued weapon, wrestled it from her and threw her over a living room couch. Id. ¶ 23. Sadler exited her residence with the Sig Sauer 9mm pistol in hand, and Carter pursued Sadler on foot as he attempted to leave her apartment complex in his vehicle. She proceeded to the parking lot to the location of her government-owned vehicle and retrieved her auxiliary government-issued firearm, a .38 caliber Smith and Wesson Model 66, and her bullet proof vest. Id. ¶ 28; Def.'s Mot. for Summ.J. at 8-9.

Once these items had been secured, Carter resumed her pursuit of Sadler, this time in her government-owned vehicle. While she maneuvered her vehicle in an effort to block Sadler's lane of traffic, Sadler approached Carter's vehicle at a high rate of speed with the headlights unilluminated. At this point, Carter claims to have been unable to determine whether Sadler was pointing the 9mm pistol at her while operating his vehicle. Comp. ¶ 29. Although Carter positioned her vehicle in a manner designed to prevent Sadler from leaving the apartment complex, he deviated from the road and maneuvered around Carter's vehicle. Carter fired a round from her government-issued Smith and Wesson pistol at Sadler's vehicle, but Sadler was unharmed. Comp. ¶ 30-31.

Carter continued her pursuit of Sadler on a public highway. While in pursuit, Sadler reversed his direction of travel by changing lanes and returned toward Carter. According to Carter, she then executed a vehicle blocking maneuver effectively blocking the route taken by Sadler and the vehicles collided. Comp. ¶ 33. She then contacted the duty agent at her post of duty, obtained back-up assistance, reported the event, requested intervention from local law enforcement officials, and finally returned to the scene. Howard County, Maryland police officials intervened and a Howard County police officer recovered Carter's government-issued Sig Sauer 9mm pistol from Sadler. Carter and the officials returned to Carter's apartment and were met by Carter's post of duty officer pursuant to her request. Comp. ¶¶ 34-35.

The Howard County Police Department report of this incident was dated February 17, 1991, and was subsequently included in the ATF Office of Internal Affairs Investigation Number 910090. The Howard County Police Department report presents a markedly different version of the events that occurred that evening when compared with Carter's depiction of the same events of that evening. The report presents Sadler's contention that during the course of the argument between Sadler and Carter at Carter's residence, Carter drew her Sig Sauer 9mm pistol and pointed the weapon at Sadler's head. After disarming Carter, Sadler stated that he was leaving Carter's residence and the apartment complex and told Carter that he would surrender the weapon to the Laurel Police Department. Def.'s Mot. for Summ.J. at 9. Antonio Hall, a friend of Sadler and a witness of the incident, confirmed this description of the events when interviewed by the police. From this point, the police report largely coincides with Carter's version of the events. Id. at 10.

On February 17, 1991, ATF took into custody Carter's law enforcement credentials, stripped her of her arrest powers, and placed her on administrative duty thereby preventing Carter from engaging in her regularly scheduled activities as a GS-1811 Special Agent. Comp. ¶ 38. On this same date, the internal investigation of the incident was commenced. During the course of the investigation, Carter was interviewed by Joseph Dugan, an investigator from the Office of Internal Affairs ("OIA"), on two occasions but declined to provide Dugan with a signed affidavit detailing the incident. Def.'s Mot. for Summ.J. at 12.

As a result of the ATF's OIA investigation, SAC Troy, decided to terminate Carter's appointment as a criminal investigator with ATF. Comp. ¶ 42. After carefully considering the OIA report, SAC Troy concluded that Sadler had left plaintiff's apartment and was leaving the area of the apartment in his vehicle. SAC Troy...