Theresa Weston Saunders v. Dist. Of D.C.

• Decision Date: 13 May 2010
• Docket Number: Civil Action No. 02-1803 (CKK).
• Parties: Theresa Weston SAUNDERS, Plaintiff,v.DISTRICT OF COLUMBIA, et al., Defendants.
• Court: U.S. District Court — District of Columbia

711 F.Supp.2d 42

Theresa Weston SAUNDERS, Plaintiff,v.DISTRICT OF COLUMBIA, et al., Defendants.

Civil Action No. 02-1803 (CKK).

United States District Court,

District of Columbia.

May 13, 2010.

COPYRIGHT MATERIAL OMITTED

Glenwood Paris Roane, Sloan & Swedish, Vienna, VA, for Plaintiff.

Alex Karpinski, Office of the Attorney General for the District of Columbia, Washington, DC, Mark D. Back, Youth Services Administration, Laurel, MD, for Defendants.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY. District Judge.

Plaintiff Theresa Weston Saunders brings this action against Defendants District of Columbia (the “District” or “D.C.”), Natwar M. Gandhi, individually and in his official capacity as Chief Financial Officer of the District of Columbia, and Earl C. Cabbell, individually and in his official capacity as Plaintiff's Supervisor (collectively “Defendants”). Plaintiff, a former employee of the District, alleges that Defendants unlawfully discriminated against her on the basis of her gender and age in violation of Title VII, 42 U.S.C. § 2000e et seq., and on the basis of her race in violation of 42 U.S.C. §§ 1981, 1982, 1983, and 1985. She further alleges that Defendants impermissibly retaliated against her in violation of the Federal False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., and that she was terminated from her employment with the District in violation of her Fifth Amendment due process rights.

The District previously filed a[31] Motion to Dismiss Plaintiff's claims, which Motion the Court granted-in-part, denied-in-part and held in abeyance-in-part pending further briefing. In particular, as is relevant to the instant Memorandum Opinion, the Court held the District's Motion in abeyance insofar as it sought dismissal of Plaintiff's FCA retaliation claim and directed the parties to submit further briefing on that issue. In addition, the Court denied the District's Motion without prejudice as to Plaintiff's claim that her property interest in her job with the District was unlawfully terminated without due process in violation of the Fifth Amendment and ordered the parties to provide supplemental briefing as to the viability of Plaintiff's section 1983 claim as well.

This matter now comes before the Court upon the filing of the parties' supplemental briefing. Accordingly, the only two claims presently at issue are Plaintiff's FCA retaliation claim and her section 1983 claim insofar as it is based on allegations that Defendants terminated her in violation of her Fifth Amendment due process rights. Upon consideration of the parties' filings, the relevant case law and statutory provisions as well as the record of this case as a whole, the Court rules as follows. First, with respect to the District's [31] Motion to Dismiss, which was previously held in abeyance with respect to Plaintiff's FCA retaliation claim, the Court shall DENY the Motion for the reasons below. Specifically, the Motion is DENIED WITH PREJUDICE insofar as the District argues that Plaintiff has failed to sufficiently allege that she was retaliated against in violation of the FCA, but is DENIED WITHOUT PREJUDICE insofar as the District argues that Plaintiff's FCA claim is time-barred. The parties shall submit supplemental briefing on the question of the appropriate statute of limitations for Plaintiff's FCA retaliation claim consistent with this Memorandum Opinion and as provided for in the accompanying Order. Second, the Court shall GRANT the District's [38] Supplemental Motion to Dismiss Plaintiff's due process claim and shall therefore dismiss Plaintiff's claim that she was termination in violation of her Fifth Amendment property interests for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).

I. BACKGROUND

A. Factual Background

As set forth in the Amended Complaint, Plaintiff, an African-American female, was previously employed by the District from August 1982 through her termination in 2000. Amended Complaint (“Am. Compl.”) ¶¶ 5, 10, 33.¹ During that time period, Plaintiff “held increasingly responsible positions in [the] financial management of the D.C. Government.” Id. ¶ 5. In 1999, she became Acting Chief Financial Officer (“CFO”) at the Office of the Chief Technology Officer. Id. ¶ 12. Plaintiff alleges that at the time of her appointment to the Acting CFO position, the District was “under pressure from the U.S. Department of Treasure and the U.S. Government Accounting Office because financial statements could not be produced for more than $70 million [in federal funding] given to the [Office of the Chief Technology Officer].” Id. ¶ 13. According to Plaintiff, the then-City Administrator and Chief Financial Officer turned to Plaintiff for assistance, “insist[ing] that [Plaintiff] take the [Office of Chief Technology Officer] assignment to save the District from reprisals by” the Federal government. Id. ¶ 14.

Plaintiff alleges that during her tenure as Acting CFO at the Office of Chief Technology Officer, she “discovered and reported numerous deficiencies in contract procurement, violations in the approval and payment of contractors, and an overall lack of ... internal control in management of [its federal funding].” Id. She also “forwarded a memorandum to [the Chief Technology Officer] recommending a disallowance of $13,812,518 against a claim submitted by IBM which was made without appropriate budget authority.” Id. ¶ 47. While the Chief Technology Officer acknowledged receipt of the memorandum, no action was taken on the recommendation. Id. In addition, Plaintiff asserts that she “directed letters to [the Office of the Chief Financial Officer's] General Counsel requesting clarification of authority of consultants and contractor employees of the District of Columbia to obligate the city to pay for work contracted in violation of established contractual procedures.” Id. ¶ 32.

According to Plaintiff, as a result of these “initiatives,” she “became the target of reprisals by [the Chief Technology Officer].” Id. ¶¶ 14, 32. Specifically, Plaintiff asserts that she “was not permitted ... to report to the Chief Financial Officer of the District of Columbia,” despite the requirement in force at that time that all agency Chief Financial Officers were to report directly to the Chief Financial Officer. Id. ¶¶ 29-30. In addition, she alleges that the Chief Technology Officer attempted to remove Plaintiff from her position as Acting CFO and to bar her from working in any other position within the Office of the Chief Financial Officer. Id. ¶ 14. Plaintiff asserts, however, that the Chief Technology Officer's efforts were thwarted by the then-City Administrator and Chief Financial Officer, who intervened on Plaintiff's behalf and “insisted that she not be excluded from her career” with the Office of the Chief Financial Officer. Id. Ultimately, in October 1999, Plaintiff was reassigned away from the Office of the Chief Technology Officer to the position of CFO for the District of Columbia Lottery and Charitable Games Control Board. Id. ¶¶ 10, 14.

At some unspecified date thereafter, the City Administrator and the Chief Financial Officer left their positions with the D.C. Government Id. ¶ 15. Plaintiff alleges that their departure left her vulnerable to further retaliation and that she was subsequently “targeted, reassigned and demoted as reprisal for upholding the District's financial accountability law.” Id. Specifically, Plaintiff asserts that, beginning in late May of 2000, the Chief of Staff for the new Chief Financial Officer approached her about a transfer to the Special Projects Team, which was headed by Defendant Cabbell. Id. ¶¶ 20-21. According to Plaintiff, the Special Projects Team “was responsible for developing and implementing strategies to resolve outstanding audit findings and internal control weaknesses stated in the management letter of the audit report.” Id. ¶ 20. Plaintiff indicated to the Chief of Staff that “she would have to think about serving on the [Special Projects Team].” Id. ¶ 21. On June 19, 2000, the Chief of Staff again contacted Plaintiff and this time advised her that she would in fact be transferred to the Special Projects Team. Id. Plaintiff responded “that she had decided to turn down the staff position offer because it was not a good career move to change from a management position to a staff/line position.” Id. Plaintiff was told, however, that she “had no choice-it was either take the transfer or have no job;” as a result, she “unwillingly agreed to the transfer.” Id.

Plaintiff alleges that her salary was reduced as a result of the transfer to the Special Projects Team. Id. She further alleges that, upon reporting for work at the Special Projects Team, her office door was locked, her computer was not connected, and she had no printer; Plaintiff therefore asserts that “[s]he could not get her work done.” Id. ¶ 24. In addition, Plaintiff alleges that “she was increasingly alienated by the Defendants” during her time with the Special Projects Team. Id. ¶ 25. For example, “she was not invited to meetings, she was subjected to hostile remarks, and she was harassed by [Defendant] Cabbell.” Id.

Ultimately, on July 25, 2000, Plaintiff was presented with a separation letter, informing her “[t]hat it is necessary to discontinue your employment with the Office of the Chief Financial Officer for the District of Columbia.” Id. ¶ 26. The separation letter was dated July 21, 2000, and indicated that it was effective 30 days after receipt (i.e., August 24, 2010). Id. Plaintiff was immediately placed on 30-days paid administrative leave, at the end of which she would be paid a lump sum separation payment equivalent to eight weeks salary. Id. Plaintiff was not given a reason for her termination. Id. The separation letter advised Plaintiff that she could appeal the termination within ten days of receipt of the letter, which she did. Id. ¶ 27. Plaintiff asserts, however, that “Defendants [ ]...