Washington v. District of Columbia
| Decision Date | 11 January 2008 |
| Docket Number | Civil Action No. 07-1031 (RMU). |
| Citation | 530 F.Supp.2d 163 |
| Parties | Cynthia WASHINGTON et al., Plaintiffs, v. DISTRICT OF COLUMBIA et al., Defendants. |
| Court | U.S. District Court — District of Columbia |
J. Michael Hannon, Hannon Law Group, L LP, Washington, DC, for Plaintiffs.
David A. Jackson, District of Columbia Office of the Attorney General, Washington, DC, for Defendants.
Today presents the question of whether a party may lose his job before his day in court. The plaintiffs, employees suspended with pay from the D.C. Department of Corrections ("DOC"), request that the court issue a preliminary injunction ordering the defendant1, the District of Columbia, not to terminate the plaintiffs' employment while their civil suit, challenging the constitutionality of ongoing disciplinary procedures, is pending in this court. The defendant, mindful of its personnel prerogatives, opposes such relief. In weighing the equities of a preliminary injunction the court, like the performer in a high-wire act, walks a fine line, balancing doubt against danger. Both tip against the movant here: the probabilities of success do not roll in the plaintiffs' favor and the prospect of irreparable injury, has no clear definition. The court, therefore, cannot grant preliminary injunctive relief — better to abide awhile and proceed after a sustained scrutiny rather than a hurried glance. The motion is denied, with special reference reserved to Justice Frankfurter's reflection that: 2
On June 3, 2006, two inmates escaped from the D.C. Jail. Pls.' Mot. for Prelim. Inj. ( ) at 2. They were recaptured without incident the next day. First Am. Compl. ¶ 6. The day after their capture; DOC Director Devon Brown issued written notification to twelve D.C. Jail employees, including the plaintiffs, putting them on paid administrative leave pending further investigation of the escape. Id. On July 26, 2006, at a press briefing Director Brown announced the summary firings of the plaintiffs for dereliction of duty. Id. ¶ 9. On August 1, 2006, the plaintiffs received written notice of their terminations, and on August 24, 2006, they learned that an administrative review would be conducted by the Office of Administrative Hearings ("OAH"). Pls.' Mot. at 5. On December 11, 2006, the OAH issued a report and recommendation concluding that, the summary removals could not be sustained and recommending that the plaintiffs be reinstated. Id. On March 2, 2007, after a request from Director Brown for reconsideration, OAH affirmed its conclusions. Id. On March 16, 2007, Director Brown rescinded the summary removals but replaced them with non-summary termination notices predicated on the same allegations of misconduct and negligence. Id. at 6; Def.'s Opp'n to Pls.' Mot. for Prelim. Inj. ("Def.'s Opp'n") at 3.
The plaintiffs filed a complaint with this court on June 8, 2007. First Am. Compl. The complaint challenges the procedures by which the plaintiffs were initially terminated, then reinstated, and finally placed on leave pending termination. Id. ¶¶ 1-31. Specifically, the plaintiffs allege violations of their Fifth Amendment rights to Due Process, defamation and the intentional and negligent infliction of emotional distress. Id. ¶¶ 32-52. On July 31, 2007, the defendant filed a motion to dismiss. And on August 28, 2007, the plaintiffs filed a motion for partial summary judgment. Those motions were under consideration when the court received an emergency motion for a temporary restraining order from the plaintiffs on December 20, 2007. The motion indicated that Dr. Henry Lesansky, the hearing officer supervising the plaintiffs' second round of administrative review, had recommended the plaintiffs' removal. Pls.' Mot. at 7. Director Brown adopted his recommendation and issued final notices of termination on December 14, 2007 that went into effect on December 17, 2007. Id. The parties reached a voluntary resolution to the motion for a temporary restraining order, and the court issued a consent order staying the terminations pending the disposition of the plaintiff 8 motion for a preliminary injunction. Order (Dec. 21, 2007). The court now accords the motion its full consideration.
This court may issue interim injunctive relief only when the movant demonstrates:
(1) a substantial likelihood of success on the merits, (2) that it would suffer irreparable injury if the injunction is not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest would be furthered by the injunction.
Mova Pharm. Corp. v. Shalala, 140 F.3d 1060, 1066 (D.C.Cir.1998) (quoting CityFed Fin. Corp. v. Office of Thrift Supervision, 58 F.3d 738, 746 (D.C.Cir.1995)); see also World Duty Free Americas, Inc. v. Summers, 94 F.Supp.2d 61, 64 (D.D.C.2000).3 It is particularly important for the movant to demonstrate a substantial likelihood of success on the merits. Cf. Benten v. Kessler, 505 U.S. 1084, 1085, 112 S.Ct. 2929, 120 L.Ed.2d 926 (1992) (per curiam). Indeed, absent a "substantial indication" of likely success on the merits, "there would be no justification for the court's intrusion into the ordinary processes of administration and judicial review." Am. Bankers Ass'n v. Nat'l Credit Union Admin., 38 F.Supp.2d 114, 140 (D.D.C.1999) (internal quotation omitted).
The four factors should be balanced on a sliding scale,"and a party can compensate for a lesser showing on one factor by making a very strong showing on another factor. CSX Transp., Inc. v. Williams, 406 F.3d 667 (D.C.Cir.2005) (citing City-Fed Fin, Corp., 58 F.3d at 747). "An injunction may be justified, for example, where there is a particularly strong likelihood of success on the merits even if there is a relatively, slight showing of irreparable injury." CityFed Fin. Corp., 58 F.3d at 747.
Moreover, the other salient factor in the injunctive relief analysis is irreparable injury. A movant must "demonstrate at least `some injury'" to warrant the granting of an injunction. Id. at 747 (quoting Population Inst. v. McPherson, 797 F.2d 1062, 1078 (D.C.Cir.1986)). Indeed, if a party makes no showing of irreparable injury, the court may deny the motion for injunctive relief without considering the other factors. Id.
Because interim injunctive relief is an extraordinary form of judicial relief, courts should grant such relief sparingly. Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997). As the Supreme Court has said, "[i]t frequently is observed that a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries, the burden of persuasion." Id. Therefore, although the trial court has the discretion to issue or deny a preliminary injunction, it is not a form of relief granted lightly. In addition, any injunction that the court issues must be carefully circumscribed and "tailored to remedy the harm shown." Nat'l Treasury Employees Union v. Yeutter, 918 F.2d 968, 977 (D.C.Cir. 1990).
In support of their contention that they are likely to succeed on the merits of their case, the plaintiffs point to the deprivation of their property rights in their employment as well as the unlawful revival of termination proceedings against them. Pls.' Mot. at 8-13. The plaintiffs argue that the District of Columbia Comprehensive Merit Protection Act, D.C.Code §§ 1-601.01 et seq., ("CMPA") and their union's Collective Bargaining Agreement ("CBA") with the DOC bestow on them a property interest in their jobs. Id. at 9. Both require Director Brown to abide by OAH's recommendation by either "sustain[ing] or reduc[ing] the penalty recommended[,] remand[ing] the matter for further consideration [,] or dismiss[ing] the charge." Id. at 11. He may not "increase the penalty." Id.
Nor, the plaintiffs continue, may the DOC conduct a "do over" termination proceeding, in lieu of reinstating the plaintiffs and dismissing all charges. Id. at 12. The plaintiffs maintain that fairness precludes permitting the DOC to restart termination proceedings ab initio and ad infinitum until the DOC wins its preferred outcome. Id. Indeed, they continue, OAH's decision that summary terminations were inappropriate should be accorded full res judicata effect as an instance of an administrative tribunal acting in a judicial capacity, estopping further proceedings on the issue. Id. at 13.
The defendant raises a number of impediments to victory for the plaintiffs. First, the defendant places the court's subject-matter jurisdiction. in question. Once an adverse employment decision is issued, an employee may pursue their grievance either through labor arbitration as set forth in the CBA or through an appeal to the IDEA. Def.'s Mot. to Dismiss, Ex. A ("CBA") Art. 11, § 2. If the employee chooses the former, the Public Employee Relations Board ("PERB") has exclusive jurisdiction over, claims on appeal from a CBA arbitration decision. Def.'s Opp'n at 3-4. If the employee selects the latter, further appeal may only be had in the D.C. Superior Court. D.C.Code § 1-606.03(d). Thus, the defendant proposes that, either way, the D.C. District Court is without jurisdiction in this case.
Beyond that threshold hurdle, the defendant maintains that the DOC acted within the scope of the law. The defendant argues that the CMPA determines the plaintiffs' procedural rights, the...
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...the public interest for government costs to be minimized.” Stay Mot. 19 (quoting [13 F.Supp.3d 42] Washington v. Dis trict of Columbia, 530 F.Supp.2d 163, 173 (D.D.C.2008)). M.M.'s parents press the Court to consider the public interest in ensuring that HODs are implemented in a timely fash......
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