Jones v. Dep't of Def.

• Docket Number: Civil Action 3:21cv288
• Decision Date: 01 September 2023
• Parties: WILLIAM DAVID JONES, Plaintiff, v. DEPARTMENT OF DEFENSE DEFENSE LOGISTICS AGENCY DEFENSE SUPPLY CENTER, RICHMOND Defendant.
• Court: U.S. District Court — Eastern District of Virginia

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WILLIAM DAVID JONES, Plaintiff, v. DEPARTMENT OF DEFENSE DEFENSE LOGISTICS AGENCY DEFENSE SUPPLY CENTER, RICHMOND Defendant.

Civil Action No. 3:21cv288

United States District Court, E.D. Virginia, Richmond Division

September 1, 2023

MEMORANDUM OPINION

M HANNAH LAUCK, UNITED SLATES DISTRICT JUDGE

This matter comes before the Court on Defendant Department of Defense Defense Logistics Agency Defense Supply Center Richmond's (“DLA,” “DSCR,” or “the Government”) Motion to Dismiss Plaintiffs Second Amended Complaint, or in the Alternative, Motion for Summary Judgment (the “Motion”).^[1] (ECF No 41.)^[2] Plaintiff William David Jones, proceeding pro se, responded in opposition to the Motion, (ECF No. 43), and DLA replied, (ECF No. 44).

The matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid in the decisional process. Thus, the Court DENIES Mr Jones's Motion for a Hearing. (ECF No. 47.)

For the reasons that follow, the Court grants DLA's Motion. (ECF No. 41.) The Court will enter summary judgment for the Government as to Mr. Jones's APA Debarment Claim and FOIA Claim, and the Court will dismiss the remaining claims.^[3]

I. Factual and Procedural Background

A. Factual Background^[4]

1. Mr. Jones's Employment, the Incident Report, and Mr. Jones's Eventual Resignation

Mr. Jones was employed as an Operations Research Analyst^[5] at the Defense Logistics Agency (“DLA”) Aviation, an agency within the Department of Defense (“DoD”), at the Defense Supply Center, Richmond (“DSCR”). (AR at 889.) In 2016, Mr. Jones and a DLA coworker, Natalie Seiling, began a two-year “off and on” extramarital affair; both Mr. Jones and Ms. Seiling were married to separate partners during the span of their relationship. (AR at 931-32.)

On September 13, 2018, Jennifer Morasco, another DLA employee, filed an incident report with DLA police alleging harassment by Mr. Jones.^[6] (AR at 931.) DLA police, after obtaining sworn statements from Ms. Morasco, Ms. Seiling, and Mr. Jones, reported the following in its September 17, 2018 Incident Narrative:

• Ms. Seiling stated that Mr. Jones and Ms. Seiling had been involved in a two-year, on-again, off-again extra-marital affair, which ended in March 2018.

• Ms. Seiling stated that after the relationship ended in March 2018, Mr. Jones continuously attempted to contact Seiling by email, text, and telephone.

• Ms. Seiling stated Mr. Jones's advances to Ms. Seiling were unwelcome.

• Ms. Seiling stated that Mr. Jones spread “vicious rumors” about Ms. Seiling and “embarrassed her to the point that she [did] not want to come to work.”

• Ms. Seiling stated that Mr. Jones sent suicidal, threatening, and defamatory emails and text messages to Ms. Seiling.

• Ms. Morasco stated that Mr. Jones sought to have Ms. Morasco intervene on his behalf with Ms. Seiling. When Ms. Morasco resisted, Mr. Jones grabbed her arm and insisted she contact Ms. Seiling.

• Ms. Morasco feared for her personal safety due to Mr. Jones's “increasingly unpredictable and violent behavior.”

• Ms. Morasco stated that Mr. Jones wrote a love letter to Ms. Seiling and asked Ms. Morasco to deliver it. Instead of delivering it to Ms. Seiling, Ms. Morasco delivered the letter to her supervisor who then contacted the DLA Police.

• Mr. Jones stated that he was being harassed by Ms. Seiling and that he was in fear of his life because Ms. Seiling had several guns in her possession.

(AR at 931-32.)

On September 14,2018, Mr. Jones's supervisor, John Wait, wrote that he was “requiring [Mr. Jones] to telework next Monday through Friday.”^[7] (AR at 211-12.) On September 20, 2018, Teresa Smith, DLA's Chief Data Officer, issued an order to Mr. Jones prohibiting any direct or indirect contact with either Ms. Seiling or Ms. Morasco.^[8] (AR at 451-52, 606.) That same day, Chief Data Officer Smith filed a Commander Directed Inquiry to initiate a DLA investigation into Ms. Seiling's and Ms. Morasco's complaints of alleged harassment, misconduct, and hostile work environment against Mr. Jones.^[9] (AR at 879.)

On September 28,2018, Ms. Seiling sought a protective order against Mr. Jones in the Chesterfield General District Court. (AR at 580-82.) The Chesterfield General District Court Judge, however, dismissed Ms. Seiling's protective order, stating that there were “no acts of force, violence or threats against petitioner.” (AR at 583.) Ms. Seiling appealed this decision, but then withdrew her appeal. (AR at 585, 594.)

On October 24,2018, Mr. Jones, escorted by a member Security and Emergency Services, met with an administrative investigator at DSCR. (AR at 954.) During the meeting, Mr. Jones provided information and evidence in mitigation of Ms. Seiling's and Ms. Morasco's allegations. (AR at 954.) After the meeting, Mr. Jones was escorted off the installation and advised to await instructions regarding his work status. (AR at 954.) On the same day, members of Security and Emergency Services, DLA Police, DLA Legal Counsel, and Mr. Jones's leadership team held a meeting to discuss Mr. Jones's suitability to return to work on the installation. (AR at 954.) The meeting participants dubbed Mr. Jones's conduct “strange and somewhat concerning” but found that “he had committed no crime, nor made any overt threat of physical violence.” (AR at 954.) They decided to allow Mr. Jones to return to work at DSCR, but to assign him to a different directorate so that contact between him, Ms. Seiling, and Ms. Morasco would be avoided. (AR at 954.) On October 25,2018, DSCR removed all restrictions regarding Mr. Jones's access. (AR at 954.)

On November 14, 2018, Ms. Seiling sent an email with the subject line “frightened -please help stop this,” to various DLA officials stating that she felt threatened by Mr. Jones's recent behavior. (AR at 892.) She attached several recent Facebook posts made by Mr. Jones to the email.^[10] (AR at 892-915.)

On November 14, 2018, Chief Data Officer Smith sent Mr. Jones a letter, informing Mr. Jones that he had been placed on paid administrative leave, effective immediately, pending completion of the Agency's investigation into the complaints against him. (AR at 891.) The letter also explained that if Mr. Jones needed access to the installation for any reason, he must contact Mr. Wait for approval. (AR at 891.)

On November 17,2018, Mr. Jones submitted his resignation to DLA. (AR at 636.) In his resignation letter, Mr. Jones stated that his reasons for resigning were “personal” and that he had “determined that the goals, mission, and vision of [the] organization are not in line with [his] own and [that he had] found better opportunity elsewhere.” (AR at 636.)

2. The Threat Assessment and the Resulting Barment Package

On November 26, 2018, Don Bartlett, a DLA Criminal Intelligence Analyst, completed the Threat Assessment on Mr. Jones (the “Threat Assessment” or “Assessment”). (AR at 95361.) The Threat Assessment's purpose was to “provide analysis of [Mr. Jones's] recent behavior and conduct... and to assess any threat he may potentially pose to the DSCR workforce.” (AR at 953.) The Assessment described and evaluated several of Mr. Jones's actions after he was allowed to return to DSCR on October 25,2018. (AR at 953-61.)

For instance, the Assessment addressed an October 25, 2018 email that Mr. Jones sent to Chief Data Officer Smith, which included text such as:

I will not mince words.... I have been treated as if I were in a gulag and NOT as an American citizen who spent 21 years of MY LIFE defending the rights guaranteed by the Constitution of the United States of America for ALL people.

I have done NOTHING to deserve this treatment. ... I have been vilified, I have been wrongfully labeled.... I did not have one advocate rooting for me....

When the truth outs who [Seiling] is and what she does on GOVERNMENT TIME ... perhaps then the rally behind her will fall to nothing, and a tinkling brass will be the only sound that anyone hears. That is when I will feel truly vindicated....

As I once wrote to someone else, “May God have mercy on every party associated with these tragic events. No one will be the same again. I certainly will not be the same.”

(AR at 954-55.) The Assessment stated that the email was indicative of “grievance building” and “allegations of persecution or prejudicial treatment,” both of which were “common previolence indicators exhibited by those who have committed workplace violence, active shooter, or mass-casualty attacks.” (AR at 955.) In addition, the Assessment explained that Mr. Jones's language regarding “a tinkling brass” represented an implied threat, “likely [a] reference to a bullet's brass shell casing hitting the floor after being ejected from a firearm.” (AR at 955.)

The Threat Assessment also addressed several Facebook posts made by Mr. Jones on October 26, 2018. (AR at 955-56.) The Assessment explained that the language used in several of the October 26,2018 Facebook posts was “indicative of an apparent obsession with a supervisor, co-worker or employee grievance,” and that the language was “also indicative of the pre-violence indicators of constant anger and belligerent behavior.” (AR at 956.) Excerpts of these Facebook posts included text such as: “HATING YOU would require an emotional commitment,” “I'm not perfect[;] I'll annoy you, make fun of you, say stupid things, but you'll never find someone who loves you as much as I do,” and “[a]ll the feelings I ever had for you just went that a way [sic], no [sic] go f*** yourself.” (AR at 955-56.) The Assessment also included three additional Facebook posts made by Mr. Jones on October 26, 2018. In one of the posts, Mr....