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DICKSON v. UNITED STATES

September 8, 1993

PETER WILLIAM DICKSON, Plaintiff
v.
UNITED STATES OF AMERICA, et al., Defendants.



The opinion of the court was delivered by: CHARLES R. RICHEY

 UNITED STATES DISTRICT JUDGE1

 INTRODUCTION

 Plaintiff, a former Political-Military Analyst for the Central Intelligence Agency ("CIA"), claims that high-ranking CIA officials engaged in an "illegal vendetta" against him that resulted in the termination of his employment. The Plaintiff brings suit against several named CIA officials, 60 unnamed CIA employees, former President George Bush, the CIA itself, and the United States government, claiming a variety of constitutional violations. Defendants move to dismiss these claims on several grounds. *fn2" In analyzing these arguments, the Court has carefully examined the motions, the underlying law, and the pleadings themselves. The Court will grant Defendants' Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6).

 BACKGROUND

 A 20-year veteran of the CIA, Plaintiff alleges that from 1988 through his dismissal in 1991, he was the repeated target of intimidation and humiliation in his employment. He charges that the CIA harassed him to the point of interfering with his abilities to carry out his job; illegally forced him to undergo psychiatric review; and wrongfully gave him a negative job performance evaluation which led to his termination, all in an attempted cover-up by CIA officials in their vendetta.

 In his Complaint filed on October 2, 1991, the Plaintiff states that he was wrongfully and illegally accused of an undefined act of "disloyalty" toward then Director of the CIA, William J. Casey, and then Deputy Director, Robert M. Gates, for an "incident" that took place in late February, 1987. The Plaintiff contends that notwithstanding Defendants' harassment from 1988 through his termination in 1991, he has conducted his duties competently and professionally. As part of this alleged harassment and in an alleged attempt to demean and discredit him, in February, 1990, the CIA ordered the Plaintiff to undergo psychiatric evaluation. After the Plaintiff protested that this order violated Agency regulations and medical ethics, the CIA permitted an "outside" psychiatrist to examine him. The parties agree that the Clinical Review Board of the CIA's Office of Medical Services recommended that the Plaintiff be found fit for duty on the basis of the psychiatrist's examination.

 Under a liberal reading of the Complaint, the Court believes the Plaintiff is suing four of the Defendants in both their individual and official capacities, and the remainder in their official capacities. He seeks both money damages and injunctive relief, and argues that the Court must intervene to prevent the destruction of documents necessary to determine the facts underlying this case.

 DISCUSSION

 The Court first discusses whether it has personal jurisdiction over Defendants Gates, Kerr, Owens, and Kemp in their individual capacities, and concludes that it does not. The Court then analyzes whether there is an actionable claim for monetary damages or injunctive relief against the Defendants in their official capacities, and concludes that the Complaint is insufficient to bring a claim for either kind of relief.

 Defendants have moved to dismiss these claims under Fed.R.Civ.P. 12(b)(6). For the purposes of a motion to dismiss for failure to state a claim upon which relief can be granted, all factual allegations contained in the complaint are to be construed as true, and all doubts and ambiguities are to be decided in the pleader's favor. Doe v. United States Dep't of Justice, 243 U.S. App. D.C. 354, 753 F.2d 1092, 1102 (D.C. Cir. 1985). However, Fed.R.Civ.P. 8 requires that "a complaint must give the opposing party 'fair notice of what the plaintiff's claim is and the grounds upon which it rests.'" Rochon v. F.B.I., 691 F. Supp. 1548, 1564 (D.D.C. 1988) (quoting Conley v. Gibson, 355 U.S. 41, 48, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957)). The legal standard for a motion to dismiss applies to questions of jurisdiction and substantive claims equally.

 I. BECAUSE THE PLAINTIFF FAILS TO ALLEGE SUFFICIENT CONTACTS BETWEEN THE DEFENDANTS AND THE DISTRICT OF COLUMBIA, THE COURT LACKS PERSONAL JURISDICTION OVER THE DEFENDANTS IN THEIR INDIVIDUAL CAPACITIES.

 Curiously, Plaintiff asserts jurisdiction over the CIA under 28 U.S.C. § 1391, as well as under 5 U.S.C. § 1508, but does not mention any statute or rule to obtain jurisdiction over the other Defendants, nor mention the capacity in which he is suing them. Further confusing the issue, 28 U.S.C. § 1391, titled "Venue Generally," deals with venue rather than jurisdiction, and 5 U.S.C. § 1508 authorizes judicial review of Civil Service Commission determinations involving State officials in elections and political campaigns. Defendants Gates, Kerr, Owens, and Kemp move to dismiss for lack of personal jurisdiction over them as individuals. In light of recent warnings from our Circuit regarding questions of jurisdiction *fn3" and traditional analysis of the facts presented in the pleadings, the Court finds that it lacks personal jurisdiction over the Defendants in their individual capacities. *fn4"


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