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FALKOWSKI v. EEOC

August 2, 1988

EVELYN FALKOWSKI, Plaintiff,
v.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al, Defendants



The opinion of the court was delivered by: SMITH, JR.

 JOHN LEWIS SMITH, JR., UNITED STATES DISTRICT JUDGE.

 The parties have settled this dispute and, subject to the approval of the Court, stipulate to the matters set forth below and jointly request publication of this Stipulation and Order of Dismissal for the reasons set forth in Paragraph 20 below.

 A. JURISDICTION AND VENUE

 1. This Court has jurisdiction over the subject matter and the parties.

 2. Venue is proper.

 B. FACTS

 3. Plaintiff, Evelyn Falkowski, initiated this action in 1981 for purposes including the recovery of losses to her occasioned by the harm of incorrect allegations against her as an EEOC District Director by former EEOC employee Bertram N. Perry; especially in suits by him against her and other EEOC officials.

 4. This action named the Equal Employment Opportunity Commission ("EEOC") under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e et seq., and the United States Department of Justice ("DOJ") under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq.

 5. There are both published and unpublished judicial decisions in this and related litigation that refer to allegations raised in Perry v. Golub concerning the employment performance of Ms. Falkowksi and other EEOC employees.

 6. No court or agency has every ruled definitively on the merits of plaintiff's Title VII allegations.

 7. No published record completely and accurately reflects the disposition of actions that were proposed against plaintiff by the EEOC in 1975 and 1977, which actions are referred to in published decisions on interlocutory proceedings in cases never tried on the merits.

 8. There are both published and unpublished judicial decisions in Perry v. Golub and Perry v. Falkowski, and the parties desire that the published record reflect that Bertram N. Perry withdrew both his suits against Evelyn Falkowski after she prepared for trial and that neither case was ever tried.

 9. The United States Court of Appeals, District of Columbia Circuit, has ruled in this action in decisions published at 719 F.2d 470 (1983) and 764 F.2d 907 (1985). As a result, plaintiff's cause of action is limited to a Title VII claim against the EEOC only.

 10. The parties, in noting formal resolution of the remaining cause of action, wish to correct the published record insofar as it suggests improper conduct on the part of Evelyn Falkowski as an EEOC employee, and the EEOC itself.

 11. On two occasions while Ms. Falkowski was Director and Bertram N. Perry was Deputy Director of the EEOC's Birmingham District Office, Bertram N. Perry named Evelyn Falkowksi as co-defendant in suits against other EEOC officials. Bertram Perry eventually moved to dismiss both suits after Ms. Falkowski prepared for trial. Each motion for voluntary dismissal by Mr. ...


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