OPINION AND ORDER
JOYCE HENS GREEN, UNITED STATES DISTRICT JUDGE.
Presently pending before the Court is a motion by defendant Washington Metropolitan Area Transit Authority (WMATA) to dismiss or, in the alternative, for summary judgment. Plaintiff Carl W. Hawthorne has opposed the motion. For the reasons articulated below, this action will be dismissed.
Defendant WMATA is a governmental entity established by means of a Compact entered into between the District of Columbia, Virginia and Maryland and consented to by the Congress. See D.C. Code § 1-2431. Among other things, WMATA is responsible for operation of the Metro, the subway system that serves the District of Columbia metropolitan area. Plaintiff Hawthorne has been employed as a Metro station attendant since 1978. On January 17, 1987, plaintiff was arrested by a Metro police office, Sergeant George Colvin, charged with stealing money from a Metro farecard vending machine at the Farragut North station, and terminated as a Metro employee. When Hawthorne applied for unemployment benefits, WMATA opposed his application but the District of Columbia's Office of Unemployment Compensation awarded him benefits. In February 1987, plaintiff was tried in the Superior Court of the District of Columbia; he was acquitted of the charges brought against him. Hawthorne filed a grievance over his termination, which resulted in an arbitration decision in his favor. Plaintiff was then reinstated to his former job with back pay and benefits.
In Counts I through VI of his complaint,
Hawthorne alleges that his arrest and prosecution constituted false arrest and imprisonment, malicious prosecution, assault and battery, and negligence, deprived him of his constitutional rights in violation of 42 U.S.C. § 1983, and amounted to a breach of his contract of employment with WMATA. Counts V and VI also assert that WMATA violated 42 U.S.C. § 1983 and breached his employment contract by terminating him, waiting four months before reinstating him to his former position and resisting his claim for unemployment compensation. Finally, plaintiff maintains in Count VII that he was defamed by his termination, subsequent reinstatement, WMATA's opposition to his unemployment application, and statements made about his employment by WMATA employees.
With respect to the tort claims contained in Counts I through V of the complaint, WMATA argues that the doctrine of sovereign immunity absolutely shields it from liability. Its contention is based on Section 80 of the WMATA Compact, which provides in part:
The Authority shall be liable for its contracts and for its torts and those of its Directors, officers, employees and agents committed in the conduct of any proprietary function, in accordance with the law of the applicable signatory (including rules on conflict of laws), but shall not be liable for any torts occurring in the performance of a governmental function.