Brown v. Berrien

FILED
UNITED STATES DISTRICT COURT FEB - 5 2013
FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
RANDY BROWN, )
)
Plaintiff, )
)
v. ) Civil Action No.
)
JACQUELINE A. BERREIN, Chairperson, )
Equal Employment Opportunity Commission, ) 13 0151
)
Defendant. )
MEMORANDUM OPINION
This matter comes before the Court on review of the plaintiffs application to proceed in
forma pauperis and prose civil complaint. The Court will grant the application, and dismiss the
complaint.
Plaintiff alleges that he sustained a head injury in February 2009 which exacerbated a
preexisting cognitive disability. Compl. at 1. He attributes these injuries and their effects on his
judgment and motor speed, as the causes for his failure to file his charge of discrimination within
the 300-day limitations period. See id. at 2. Plaintiff claims that the Equal Employment
Opportunity Commission erred by summarily dismissing his charge of discrimination as
untimely without taking his disability into account. !d.
"Congress has not authorized, either expressly or impliedly, a cause of action against the
EEOC for the EEOC's alleged negligence or other malfeasance in processing an employment
discrimination charge." Smith v. Case/las, 119 F.3d 33, 34 (D.C. Cir.) (per curiam), cert. denied,
522 U.S. 958 (1997); McCottrell v. Equal Employment Opportunity Comm 'n, 726 F.2d 350, 351
(7th Cir. 1984) ("It is settled law, in this and other circuits, that Title VII does not provide either
an express or implied cause of action against the EEOC to challenge its investigation and
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processing of a charge."); Ward v. Equal Employment Opportunity Comm 'n, 719 F.2d 311, 313
(9th Cir. 1983), cert. denied, 466 U.S. 953 (1984). Nor is there a cause of action against the
Chairperson of the EEOC arising from her handling of plaintiffs charge of discrimination. See
Caraveo v. US. Equal Employment Opportunity Comm 'n, 96 F. App'x 738, 740 (2d Cir. 2004)
(affirming dismissal of claim against EEOC and its employees sued in their official capacities for
their alleged failure to adequately investigate charges of disability discrimination); Svenson v.
Thomas, 607 F. Supp. 1004, 1006 (D.D.C. 1985) (concluding that the EEOC's Chairman was not
amenable to suit under Title VII or the Age Discrimination in Employment Act because there is
no cause of action against the EEOC arising from its investigation or processing of a charge).
The Court will therefore dismiss the instant complaint for its failure to state a claim on which
relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). An Order accompanies this
Memorandum Opinion.
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