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Nichols v. Holder

United States District Court, District of Columbia

April 11, 2013

BARBARA NICHOLS, Plaintiff, pro se
v.
ERIC H. HOLDER, Attorney General, Defendant

Page 98

BARBARA A. NICHOLS, Plaintiff, Pro se, Forestville, MD.

For ERIC HIMPTON HOLDER, JR., U.S. Attorney General, Defendant: Javier M. Guzman, LEAD ATTORNEY, Laura R. Ponto, U.S. ATTORNEY'S OFFICE, Washington, DC.

OPINION

Page 99

Royce C. Lamberth, Chief United States District Judge.

MEMORANDUM OPINION

In her Revised Complaint, ECF No. 22, plaintiff Barbara Nichols asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e et seq. arising out of her employment at the Bureau of Alcohol, Tobacco, Firearms and Explosives (" ATF" ). Defendant Attorney General Eric Holder has moved to dismiss this complaint pursuant to Fed.R.Civ.P. 12(b)(6) and, in the alternative, to strike the revised complaint under Fed.R.Civ.P. 12(f). Def.'s Mot., ECF No. 25. The Court will grant the Attorney General's motion and will dismiss Ms. Nichols' revised complaint with prejudice.

I. BACKGROUND

A. Factual Background

For about 30 years, Ms. Nichols (an African-American female) worked for the ATF, an agency now located within the Department of Justice (" DOJ" ). See Nichols v. Holder (" Nichols II" ), 828 F.Supp.2d 250, 252 (D.D.C. 2011); Pl.'s Rev. Compl. ¶ 2, ECF No. 22. For a time, she worked at the Firearms and Explosives Operations Branch of ATF in Washington, D.C.. Id. ¶ 4. At some point, she was reassigned to the Firearms and Explosive Services Division (" FESD" ). [1] That branch of ATF was relocated from Washington D.C. to Martinsburg, West Virginia beginning in 2005. Rev. Compl. ¶ 29; see also Nichols v. Truscott (" Nichols I" ), 424 F.Supp.2d 124, 129 (D.D.C. 2006). Ms. Nichols stopped working for ATF in 2007.

B. Procedural Background

1. Nichols I

This is Ms. Nichols' second employment discrimination action against ATF. In 2000, Ms. Nichols filed an administrative complaint alleging employment discrimination in violation of Title VII. See Nichols II, 828 F.Supp.2d at 252. After a three-day hearing, an EEOC administrative law judge found no discrimination. Id. Ms. Nichols brought suit in federal court, alleging " myriad instances of harassment and abuse by [her] supervisors and coworkers," and pursuing relief against her employer based on numerous theories, including sex and race discrimination, defamation, hostile work environment, gross mismanagement, retaliation, and negligence. Nichols I, 424 F.Supp.2d at 131. Her claims were based on: (1) the assignment of " menial or inconsequential duties" ; (2) denial of promotions; (3) denial of recognition for her accomplishments; (4) abusive behavior by coworkers; (5) failure to address her complaints; (6) general complaints about favorable treatment afforded to her coworkers, including several African-American females; and (7) general criticisms of the " poor judgment and inadequate work performance" of her coworkers and superiors. Id. at 130. She also sought injunctive relief regarding ATF's decision to ...


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