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Oscar Dantzler v. United States Equal Employment Opportunity Commission et al

September 16, 2011

OSCAR DANTZLER, PLAINTIFF,
v.
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ET AL., DEFENDANTS. OSCAR DANTZLER, PLAINTIFF,
v.
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ET AL, DEFENDANTS. OSCAR DANTZLER, PLAINTIFF,
v.
TANGIPAHOA PARISH SHERIFF'S OFFICE ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Court Judge

: Re Document Nos.: 12, 17, 20 Re Document Nos.: 10, 13 Re Document Nos. 8, 10

MEMORANDUM OPINION

DENYING THE PLAINTIFF'S MOTIONS FOR APPOINTMENT OF COUNSEL;

GRANTING THE DEFENDANTS'MOTIONS TO DISMISS

I. INTRODUCTION

These matters come before the court on the defendants'*fn1 respective motions to dismiss and the pro se plaintiff's motion to appoint counsel. The plaintiff commenced three separate but related cases in this court, each involving his 1998 dismissal from the Hammond Police Department ("HPD") in Hammond, Louisiana. The plaintiff moves the court to appoint counsel to represent him in these matters. The defendants have filed motions to dismiss each of the plaintiff's cases.*fn2 Because the plaintiff has not met his burden to show that appointment of counsel would be proper, the court denies the plaintiff's motion. Further, because the court concludes that the plaintiff filed these cases in contravention of an injunctive order issued by the Eastern District of Louisiana, the court dismisses the plaintiff's three cases.

II. BACKGROUND

A. Factual Background*fn3

The plaintiff, an African-American, worked as a police officer with the HPD from January 1996 until his termination in February 1998. Dantzler v. Equal Emp't Opportunity Comm'n, Civ. No. 09-2147 (D.D.C. 2009), Compl. at 14. The HPD suspended the plaintiff for allegedly sleeping while on duty as a police officer, but when the HPD attempted to provide written notice to the plaintiff regarding this suspension, he refused to accept the delivery. Id. at 6-7. After determining that his refusal to accept notice of suspension constituted insubordination and failure to obey a direct order, the HPD terminated him. Id. In 1998, the plaintiff appealed to the Civil Service Board, presumably for the City of Hammond, but was denied a hearing. Id. at 10, 24-25.

In February 2000, the plaintiff sued the City of Hammond and the HPD in the Eastern District of Louisiana, alleging discriminatory and retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e, and 42 U.S.C. § 1983, respectively. See generally Dantzler v. City of Hammond, Civ. No. 00-446 (E.D. La. Nov. 8, 2001), Order; see also Dantzler v. Pope, Civ. No. 08-3777 (E.D. La. July 22, 2009), Order at 7 (providing an overview of the procedural history of the plaintiffs' various claims). In November 2001, the District Court for the Eastern District of Louisiana granted the defendants' motion for summary judgment and dismissed the plaintiff's claims with prejudice. See Dantzler v. Pope, Civ. No. 08-3777 (E.D. La. July 22, 2009), Order at 2. The Fifth Circuit affirmed the Eastern District of Louisiana's ruling in November 2002, and in May 2003, the United States Supreme Court denied the plaintiff's petition for writ of certiorari. Id.; see also Dantzler v. City of Hammond, La., 538 U.S. 1042 (2003).

In October 2003, the plaintiff filed a petition for a writ of mandamus in Louisiana state court against the City of Hammond, seeking to compel the Hammond Fire and Police Civil Service Board to hold a hearing regarding the plaintiff's termination. See generally Dantzler v. Hammond Fire & Police Civil Serv. Bd., 923 So. 2d 40, 41 (La. Ct. App. 2005), writ denied, 924 So. 2d 1016 (La. App. 1 Cir. 2006). Applying the doctrines of laches and res judicata, the state district court denied his request and the Court of Appeal of Louisiana, First Circuit affirmed. Id. at 41-42.

In June 2006, the plaintiff filed a third cause of action, his second in the Eastern District of Louisiana, "alleging that the defendants had violated a federal court order in which the Hammond Civil Service Board agreed to timely hold hearings with respect to grievances of [HPD] employees." Dantzler v. Pope, Civ. No. 08-3777, (E.D. La. July 23, 2009), Order at 2-3 (providing a detailed overview of the procedural history of this case (citing Dantzler v. Pope, Civ. No. 06-2817 (E.D. La. 2006))). Judge Martin Feldman granted the defendants' motion for summary judgment and dismissed the plaintiff's action; the Fifth Circuit affirmed. Id.

In December 2006, the plaintiff commenced a fourth lawsuit in the Louisiana state court against the City of Hammond, its Council, the HPD, the Hammond Municipal Fire and Police Civil Service Board and several other defendants who worked for these and other organizations in both their individual and official capacity. See generally Dantzler v. Montecino, Civ. No. 06-10924 (E.D. La. 2006), Dec. 1, 2006 Compl. The December 2006 action was removed to the Eastern District of Louisiana, where Judge Feldman presided over the matter again. Id. Judge Feldman warned the plaintiff that he should refrain from "wasting the Court's time by repeatedly filing baseless motions, followed by filing frivolous motions questioning the Court's denial of prior baseless motions." Dantzler v. City of Hammond Councilmen, 2007 WL 4180589, at *2-3 (E.D. La. Nov. 21, 2007). He went on to describe the plaintiff's filings as "abusive and meritless." Id. at *3. Eventually, this case was reassigned to Judge Lance Africk, *fn4 who dismissed the case after determining that the plaintiff's claims were barred by res judicata. See generally Dantzler v. City of Hammond Councilmen, Civ. No. 06-10924 (E.D. La. July 9, 2009), Order.

On December 14, 2007, the plaintiff filed a fifth lawsuit in the Eastern District of Louisiana, alleging wrongful termination and failure to timely conduct a civil service hearing. Dantzler v. Pope, Civ. No. 08-3777, (E.D. La. July 22, 2009), Order at 2-3 (citing Dantzler v. Pope, Civ. No. 07-9516 (E.D. La 2007)). In June 2008, the plaintiff commenced a sixth lawsuit in the Eastern District of Louisiana, alleging a conspiracy among the judiciary to conceal facts regarding his termination from HPD and his denial of a civil service hearing. See Dantzler v. Pope, Civ. No. 08-3777, (E.D. La. July 22, 2009), Order at 2-3 (citing Dantzler v. Pope, Civ. No. 08-3777 (E.D. La. 2008)). The plaintiff's seventh lawsuit, again related to his termination, alleged a conspiracy among the judiciary to violate the plaintiff's constitutional rights. Id. (citing Dantlzer v. Africk, Civ. No. 09-3703 (E.D. La. 2009)). The plaintiff's eighth lawsuit related to his termination alleged that various federal agencies and the state and federal courts of Louisiana ...


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