Mwabira-Simera v. Howard University, Civil Action No. 05-441 (RWR).
Decision Date | 10 March 2010 |
Docket Number | Civil Action No. 05-441 (RWR). |
Citation | 692 F. Supp.2d 65 |
Parties | Samuel H. MWABIRA-SIMERA, Plaintiff, v. HOWARD UNIVERSITY et al., Defendants. |
Court | U.S. District Court — District of Columbia |
Samuel H. Mwabira-Simera, Washington, DC, pro se.
Daniel I. Prywes, Stacey Terry Ormsby, William Edward Olson, Bryan Cave LLP, Washington, DC, for Defendants.
Plaintiff Samuel H. Mwabira-Simera filed a pro se discrimination complaint against Howard University and three individuals, Patrick Swygert, former President of the University, Orlando Taylor, dean of the University's graduate school, and Errol Noel, professor and chair of the University's department of civil engineering and also Mwabira-Simera's academic program advisor. The University has moved post-discovery for summary judgment. Because there are no material facts in dispute and the University is entitled to judgment as a matter of law, the University's motion will be granted, and all other pending motions will be denied as moot.
Mwabira-Simera, a Ugandan male who was a torture victim in Uganda and suffers from related post-traumatic stress disorder ("PTSD"), matriculated in the University's civil engineering program for one semester in Spring 1997, and then again for four semesters from Spring 2000 through Fall 2001. Defs.' Mot. for Summ. J. () , Defs.' Stmt. of Material Undisputed Facts ("SMUF") ¶¶ 4-5. In January 2002, Taylor, in his role as dean of the graduate school, sent a letter dismissing Mwabira-Simera for poor academic performance. Id., Ex. 24, Decl. of Orlando L. Taylor (Aug. 17, 2007) ("Taylor Decl.") ¶ 15 & Ex. B. Mwabira-Simera contends he was dismissed as a result of unlawful discrimination. Specifically, he alleges national origin and disability discrimination, a hostile environment, and retaliation, and he asserts claims under Titles VI and VII1 of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq. and 2000e et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and Title II of the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq. See Am. Compl. ¶¶ 11-45. In addition, the amended complaint mentions in passing § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., and purports to assert claims under the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., and the Due Process Clause of the Fifth Amendment. See Am. Compl. ¶ 49. It also asserts an "abuse of process" claim, but is unclear whether this is intended as part of the constitutional claim or as an independent common law claim. See id. ¶¶ 46-48. In an abundance of caution, it will be analyzed as both. Mwabira-Simera seeks $5 million in compensatory damages and $15 million in punitive damages. Id. at 20-21.2
Id., Taylor Decl. ¶ 15 & Ex. B. The notification letter was sent certified mail return receipt requested, and was received and signed for by him on or before February 5, 2002. Id., Taylor Decl. ¶ 16 & Ex. C.
Although it is undisputed that Mwabira-Simera appealed his dismissal through the University's grievance system and sought readmission to the graduate program, there is no evidence in the record that Mwabira-Simera filed an administrative claim of discrimination with either the U.S. Equal Employment Opportunity Commission ("EEOC") or the District of Columbia's Office of Human Rights ("DCOHR") as a result of the University's action. On February 4, 2005, the clerk of court received the plaintiff's pro se complaint for filing.
Where a defendant challenges an asserted claim because it fails to state a claim upon which relief may be granted, and matters outside the pleadings have been presented to and not excluded by the court, the motion is treated as one for summary judgment. See Fed.R.Civ.P. 12(d). A motion for summary judgment must be granted if the pleadings and evidence on file show that there is no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In considering whether there is a triable issue of fact, a court must draw all reasonable inferences in favor of the non-moving party. Liberty Lobby, 477 U.S. at 255, 106 S.Ct. 2505. The party opposing a motion for summary judgment, however, "may not rely merely on allegations or denials in its own pleading; rather, its response must... set out specific facts showing a genuine issue for trial," Fed.R.Civ.P. 56(e)(2), that would permit a reasonable jury to find in his favor. Laningham v. U.S. Navy, 813 F.2d 1236, 1241 (D.C.Cir.1987). The non-moving party must do more than simply "show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Moreover, any factual assertions in the movant's affidavits will be accepted as being true unless the opposing party submits his own affidavits or other documentary evidence contradicting the assertion. Neal v. Kelly, 963 F.2d 453, 456 (D.C.Cir.1992).
As an initial matter, several of the claims asserted must be dismissed because they are patently inapplicable on the facts presented and therefore fail to state a claim upon which relief may be granted. Neither the University, which is a private educational institution, nor any of the individual defendants are subject to suit under the APA, Title II of the ADA, or the Due Process Clause of the Fifth Amendment. The APA applies only to agencies of the federal government. See 5 U.S.C. §§ 701(b)(1) () and 704 (providing for judicial review of "final agency action"). Title II of the ADA applies only to "public entities," which is expressly defined to include only "(A) any state or local government; (B) any department, agency, or special-purpose district, or other instrumentality of the state or states or local government; and (C) the National Railroad Passenger Corporation, and any commuter authority as defined elsewhere." 42 U.S.C. § 12131. The Fifth Amendment's Due Process Clause applies only to the actions of agents of the federal government (and the Fourteenth Amendment's Due Process Clause applies only to the actions of agents of state governments and municipalities). Accordingly, as the defendants in this suit are not proper defendants, the claims asserted under the APA, Title II of the ADA and the Due Process Clause, including any intended allegation of a constitutional abuse of process, must be dismissed because they fail to state a claim upon which relief may be granted.
A common law claim for abuse of process is also inapplicable in this case. Such a claim arises when one party has misused or perverted the court system against another. Geier v....
To continue reading
Request your trial-
Mcnally v. Univ. of Hawaii
...based on sex and not on race or age. See 20 U.S.C. § 1681 (prohibiting discrimination based on sex); Mwabira–Simera v. Howard Univ., 692 F.Supp.2d 65, 70–71 (D.D.C.2010) (“Title IX does not address race or disability discrimination, which are the only types of discrimination the plaintiff a......
-
Sacchetti v. Gallaudet Univ.
...it is not an "instrumentality" of the District of Columbia. Gallaudet's Surreply Response at 3–4. Gallaudet cites in support of its position Mwabira – Simera v. Howard University, 692 F.Supp.2d 65 (D.D.C.2010), see Gallaudet's Surreply Response at 2–3, which held that the plaintiff's Title ......
-
Douglas v. Brookville Area Sch. Dist.
...1028. A Title IX action, however, can be brought only against a recipient of federal financial assistance. Mwabira–Simera v. Howard University, 692 F.Supp.2d 65, 70 (D.D.C.2010); Johnny's Icehouse, Inc. v. Amateur Hockey Association of Illinois, 134 F.Supp.2d 965, 970–971 (N.D.Ill.2001). Th......
-
Proctor v. Dist. of Columbia
...1, 15 (D.D.C.2012) (“In this Circuit, the statute of limitations for Title VI claims is three years.”); Mwabira–Simera v. Howard Univ., 692 F.Supp.2d 65, 71 (D.D.C.2010) (“[A]ll of the federal discrimination claims asserted in the amended complaint are subject to dismissal if not brought wi......