The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge
1. Plaintiff, Emmanuel Johnson ("Johnson"), an African American male, retired from the Federal Bureau of Investigations ("FBI") on May 3, 1999. Johnson had been assigned to the Washington Field Office ("WFO"). *fn1
2. James C. Carter ("Carter"), an African American, was the Assistant Director in Charge of the WFO and was Johnson's supervisor in the WFO.
3. Johnson was lead plaintiff in a class action, racial discrimination and retaliation case prosecuted in this Court under the caption Emmanuel Johnson, Jr. v. Reno, Civil Action NO. 93-0206 (TFH). This Title VII action is commonly known as the BADGE litigation, BADGE being an acronym for"Black Agents Don't Get Equality."
4. The BADGE suit was settled in 1993.
5. Johnson has filed seven EEO complaints and named Carter as the alleged discriminating official in two of them. Both have ripened into law suits that are pending in this Court.
6. When E. Barrett Prettyman was Inspector General of the District of Columbia, Johnson sought a position with the office but did not receive it.
7. Charles C. Maddox ("Maddox"), having served as Acting Inspector General, became the Inspector General on May 19, 1999. Upon the recommendation of Richard Sullivan, who was then serving as Deputy Inspector General and who had known Johnson when they served in the Marines and in the FBI, Maddox hired Johnson to work as a Criminal Investigator in the Office of the Inspector General by a letter of employment mistakenly dated May 28, 1998. (It should have been May 28, 1999).
8. Maddox, an African American, was aware of the existence of the BADGE litigation but not of its specific details. Maddox had himself confronted racial problems when he was serving in the United States Secret Service. He testified that when he first applied to become an agent in the early 1970's, the clerk who accepted his application and test returned moments later to tell him that he had flunked. Maddox recalled her look of astonishment that an African American would even apply for the position of Special Agent.
9. Arthur Andersen ("Andersen"), another former FBI agent in the WFO, became General Counsel of the Office of Inspector General on June 1, 1999. He currently holds the position of Deputy Inspector General.
10. Andersen was aware of the BADGE litigation and of Johnson's being lead plaintiff because the FBI field offices received teletypes about class actions that had been filed. He was unaware that Johnson had filed EEO complaints, naming Carter as the alleged discriminating official. He never had any discussions with Carter about the BADGE litigation.
11. David M. Bowie ("Bowie"), who is African American, served with Johnson in the FBI. Upon retirement, he became Assistant Inspector General for Investigations in November, 1997. Bowie was also a plaintiff in the BADGE case.
12. Johnson began work in the Office of the Inspector General on June 21, 1999, and was initially assigned to the Public Corruption Unit.
13. On that same day, Maddox, Andersen, and Bowie met with Carter to introduce Maddox to Carter. They were joined by Alfred Miller ("Miller"). Miller, another retired FBI agent, was Deputy Inspector General for Investigations and had been Treasurer of BADGE, a District of Columbia corporation, formed to bring what became the BADGE lawsuit.
14. Maddox described this meeting with Carter as a standard"meet and greet" meeting, held by the FBI Field Office to meet with those District of Columbia agencies, such as the Police Department and the Corporation Counsel's Office, who interact with the FBI. The ...