UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
September 26, 2008
HENRY W. GETER, II, PLAINTIFF,
CITY OF WASHINGTON DC ET AL., DEFENDANTS.
The opinion of the court was delivered by: James Robertson United States District Judge
Plaintiff challenges the decision of the Director of the District of Columbia Office of Human Rights to dismiss his claim of housing discrimination based on his filing of a civil action in this Court. The dismissal was consistent with District of Columbia law, which states: "No person who maintains, in a court of competent jurisdiction, any action based upon an act which would be an unlawful discriminatory practice under this chapter may file the same complaint with the Office [of Human Rights]." D.C. Code § 2-1403.16. Thus, to the extent that the Director is sued in his individual capacity, he is shielded by qualified immunity, and the Court lacks authority to review D.C. agency action absent a showing of a constitutional violation. See Lightfoot v. District of Columbia, 448 F.3d 392, 398 (D.C. Cir. 2006). Accordingly, the complaint will be dismissed by separate Order.
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