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Elham Sataki v. Broadcasting Board of Governors

December 21, 2010

ELHAM SATAKI, PLAINTIFF,
v.
BROADCASTING BOARD OF GOVERNORS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Colleen Kollar-kotelly United States District Judge

MEMORANDUM OPINION

Presently before the Court is Plaintiff's [79] Motion for Reconsideration, pursuant to which Plaintiff seeks reconsideration of this Court's [77] Order (the "Dismissal Order") granting-in-part and denying-in-part Defendants' dispositive motion and dismissing the action. For the reasons set forth below, the Court shall DENY Plaintiff's Motion for Reconsideration.

I. BACKGROUND

Despite being of relatively recent vintage, this action has been the subject of a number of prior decisions by this Court.*fn1 The Court here assumes familiarity with those decisions, which set forth in detail the history of this case, and shall therefore address only the factual and procedural background necessary for resolution of the motion now before the Court.

A. Plaintiff's Amended Complaint

This action stems from allegations that Plaintiff was sexually harassed and assaulted by a co-worker at the Persian News Network and that her employer, the Broadcasting Board of Governors (the "BBG"), as well as several members and employees of the BBG, unlawfully facilitated the alleged sexual harassment, actively attempted to cover up the incidents of harassment, interfered with the investigation of her administrative complaint, and retaliated against her for complaining about her co-worker's harassing conduct as well as for criticizing BBG's management and mission. In her Amended Complaint, Plaintiff asserted seven separate claims. See Am. Compl., Docket No. [35]. Those claims may be briefly summarized as follows:

* COUNT I--FIRST AMENDMENT CLAIM.Plaintiff alleges that Defendants infringed her right to free speech in violation of the First Amendment by retaliating against her for her personal political views, her criticism of Voice of America management and failure to adhere to its mission to promote freedom in Iran, and other unspecified speech (the "First Amendment Claim"). Id. ¶¶ 10-12.*fn2

* COUNT II--FIFTH AMENDMENT CLAIM.Plaintiff alleges that Defendants violated her Fifth Amendment right to due process by "covering up and deny[ing] her relief for sexual harassment," "retaliating against her to try and keep her quiet, destroy her mentally and physically and to force her out," and by tampering with, intimidating, and obstructing material witnesses to the alleged sexual harassment (the "Fifth Amendment Claim"). Id. ¶¶ 13-15.

* COUNT III--FOURTEENTH AMENDMENT CLAIM. Plaintiff alleges that Defendants impermissibly discriminated against her on the basis of her gender and national origin, facilitated the acts of sexual harassment, and retaliated against her for exercising her constitutional rights in violation of the Fourteenth Amendment's Equal Protection Clause (the "Fourteenth Amendment Claim"). Id. ¶¶ 16-18.

* COUNT IV--FOURTH AMENDMENT CLAIM. Plaintiff alleges that Defendants violated her Fourth Amendment right to be secure in her person and property by allowing her co-worker to assault and sexually harass her and by unlawfully "confiscating" her paychecks (the "Fourth Amendment Claim"). Id. ¶¶ 19-22.

* COUNT V--REHABILITATION ACT CLAIM.Plaintiff alleges that Defendants denied her request for a reasonable medical accommodation to be detailed to the Voice of America Los Angeles office in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq. (the "Rehabilitation Act Claim"). Id. ¶¶ 23-28.

* COUNT VI--PRIVACY ACT CLAIM. Plaintiff alleges that Defendants failed to timely produce records she requested in violation of the Privacy Act of 1974, 5 U.S.C. § 552a. (the "Privacy Act Claim"). Id. ¶¶ 28-31.

* COUNT VII--WAGNERINJUNCTIVE RELIEF. Plaintiff alleges that she is entitled to interim injunctive relief during the pendency of an administrative proceeding and this litigation under Wagner v. Taylor, 836 F.2d 566 (D.C. Cir. ...


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