Templeton v. Veterans Admin., No. 81 Civ. 5944.

• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)
• Writing for the Court: EDWARD WEINFELD
• Citation: 540 F. Supp. 695
• Parties: TEMPLETON v. VETERANS ADMINISTRATION.
• Docket Number: No. 81 Civ. 5944.
• Decision Date: 09 June 1982

540 F. Supp. 695

TEMPLETON
v.
VETERANS ADMINISTRATION.

No. 81 Civ. 5944.

United States District Court, S. D. New York.

June 9, 1982.

540 F. Supp. 696

Templeton, pro se.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for defendants; Stephen A. Dvorkin, Asst. U. S. Atty., New York City, of counsel.

EDWARD WEINFELD, District Judge.

Plaintiff, a probationary federal employee at the defendant Veterans Administration's Medical Center in Loma Linda, California, was discharged for in a satisfactory manner and for his inability to work with fellow workers and staff. The pro se complaint is unclear, but read with liberality it raises essentially two claims. First, it advances a claim of racial discrimination under Title VII of the Civil Rights Act of 1964, as amended (the "Act"). 42 U.S.C. §§ 2000e—2000e-17. Section 717 of the Act, 42 U.S.C. § 2000e-16, provides the exclusive judicial remedy for claims of discrimination in federal employment. Brown v. GSA, 425 U.S. 820, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976). Subsection 717(d) provides that civil actions brought under § 717 shall be governed by § 706(f), which contains the venue provisions of the Act, 42 U.S.C. § 2000e-5(f)(3). Claims under Title VII are strictly governed by these venue provisions, rather than by the general venue statute, 28 U.S.C. § 1391. Stebbins v. State Farm Mut. Auto. Ins. Co., 413 F.2d 1100, 1102-03 (D.C.Cir.), cert. denied, 396 U.S. 895, 90 S.Ct. 194, 24 L.Ed.2d 173 (1969); Turbeville v. Casey, 525 F.Supp. 1070, 1071 (D.D.C.1981); Matthews v. Trans World Airlines, Inc., 478 F.Supp. 1244, 1245 (S.D.N.Y.1979); Chaves v. Norton, 18 FEP Cases 1705 (D.P.R.1978); Richman v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 441 F.Supp. 517, 519 (S.D.N.Y.1977); Dubnick v. Firestone Tire and Rubber Co., 355 F.Supp.

540 F. Supp. 697

138, 141-42 (E.D.N.Y.1973); cf. Bruns, Nordeman & Co. v. American Nat'l Bank and Trust Co., 394 F.2d 300, 303 (2d Cir.), cert. denied, 393 U.S. 855, 89 S.Ct. 97, 21 L.Ed.2d 125 (1968). Defendants move for dismissal of plaintiff's discrimination claim on the ground that venue in this District is improper. Plaintiff does not dispute any of the facts that defendants have submitted in support of their motion

Section 706(f) specifies four categories of judicial districts where a plaintiff may bring a Title VII action. It is clear that venue does not lie in this District under any of these categories, and instead lies in California or Missouri. An action may be brought where the unlawful employment practice is alleged to have been committed or where the aggrieved person would have worked but for the alleged unlawful employment practice, which in both cases is the VA Medical Center in Loma Linda, California. The action may also be brought where the employment records relevant to the alleged unlawful employment practice are maintained and administered, which in this case is St. Louis, Missouri. A fourth choice of venue under the statute does not apply because it is conditional on the unavailability of venue under the first three categories. However, this fourth category consists of the location of...