United States District Court, District of Columbia
[Copyrighted Material Omitted]
Ronald Eugene Duberry, Lanham, MD, pro se.
Michael J. Murphy, Denise Elizabeth Giraudo, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, DC, for Defendant.
GRANTING DEFENDANT'S MOTION TO DISMISS
RUDOLPH CONTRERAS, District Judge.
On March 14, 2012, defendant removed this matter to this Court from the Superior Court of the District of Columbia based on the parties' diversity of jurisdiction [Docket # 1]. The plaintiff, Ronald Eugene Duberry, raises a number of claims against his former employer, defendant Inter-Con Security Systems, Inc. Where, as here, a plaintiff is proceeding pro se, " the Court must take particular care to construe the plaintiff's filings liberally, for such [filings] are held ‘ to less stringent standards than formal pleadings drafted by lawyers.’ " Cheeks v. Fort Myer Constr. Co., 722 F.Supp.2d 93, 107 (D.D.C.2010) ( quoting Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972)). The gravamen of plaintiff's Complaint is that he was terminated from his employment as a security guard based on allegations that, while on duty, he accessed pornographic sites on a computer at the location at which he was stationed for guard duty. Plaintiff claims that the termination (and failure to re-hire) was illegal because defendant admitted at his unemployment compensation hearing that plaintiff
did not so access the alleged pornographic sites. Plaintiff argues that this illegal termination resulted in the following claims: 1) a retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964 (" Title VII" ), 42 U.S.C. § 2000e, et seq. ; 2) a retaliatory discharge in violation of public policy (whistleblowing); 3) defamation based on false accusation and deceit; and, 4) violations of his constitutional rights based on the Fourth and Fourteenth Amendments to the United States Constitution.
Defendant has moved to dismiss this case pursuant to FED.R.CIV.P. 12(b)(6) [Docket # 6]. However, because the parties refer to matters outside of the pleadings and attach exhibits concerning a number of the claims, the Court converts the motion to dismiss to one for summary judgment. FED. R. CIV. P. 12(d). In requesting dismissal, defendant argues, inter alia, that: plaintiff's Title VII claims are time-barred; his public policy retaliation claims fail for lack of causation; his defamation claims are time-barred; and, his constitutional claims fail because defendant is a private employer, not a state actor. For the reasons set forth below, defendant's motion is granted and this case is dismissed.
II. LEGAL STANDARDS
A. Legal Standard for a Motion to Dismiss Under Rule ...