United States District Court, D. Columbia
MARK E. ROBINSON, Plaintiff,
DISTRICT OF COLUMBIA, Defendant
Mark Robinson, Plaintiff: Kenneth E. McPherson, LEAD
ATTORNEY, KENNETH E. MCPHERSON, CHTD., Riverdale, MD USA.
District of Columbia, Defendant: Ali Naini, OFFICE OF THE
ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA, Washington, DC
Document No.: 7
CONTRERAS, United States District Judge.
in Part and Denying in Part Defendant's Motion to
Mark Robinson, an employee of the Metropolitan Police
Department for the District of Columbia (the " MPD"
) filed this action against Defendant the District of
Columbia (the " District" ) under Title VII of the
Civil Rights Act of 1964, 42 U.S.C. § 2000e et
seq. (" Title VII" ), 42 U.S.C. §
1981(a), and the D.C. Human Rights Act, D.C. Code §
2-1402.02 et seq. Plaintiff originally brought this
action in Superior Court for the District of Columbia, and
the District of Columbia removed to this court. See
Notice of Removal, ECF No. 1. Mr. Robinson alleges that the
MPD's decision to deny him both assignment to the
MPD's Automated Traffic Enforcement Unit (the "
ATEU" ) and overtime opportunities within the ATEU was
unlawful discrimination based on his race and retaliation for
his prior complaints of racial discrimination against the
MPD. See Compl. ¶ 5, ECF No. 5-1 at 11-19.
the Court is the District's motion to dismiss the
Complaint pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure. See Def's Mot. Dismiss, ECF No.
7. The District originally moved to dismiss all counts of Mr.
Robinson's Complaint, but, in reply to Mr. Robinson's
partial opposition to the motion, withdrew the motion as to
Counts I, II, and V. See Def.'s Reply at 1, ECF
Robinson was hired by the MPD in 1990 and was promoted to
Sergeant in 2004. See Compl. ¶ 8. Mr. Robinson
was assigned a detail with the ATEU in 2004 and was fully
assigned to the ATEU in 2008. See id. According to
Mr. Robinson, he was transferred out of the ATEU in 2011
because the ATEU was being transformed into a civilian unit.
See id. ¶ 10. Mr. Robinson alleges, however,
that the MPD never transformed the ATEU into a civilian unit
and instead detailed sworn MPD officers of lower seniority
and lesser qualifications than Mr. Robinson to the ATEU.
See id. ¶ 11. In 2012, Mr. Robinson filed a
charge with the Equal Opportunity Commission ("
EEOC" ) against the MPD, alleging race discrimination.
See id. ¶ 12.
October 2013, at the conclusion of the EEOC's
administrative process, Mr. Robinson filed a civil complaint
in this Court against the MPD for unlawful race
discrimination and retaliation. See Am. Compl. at
4-6, Robinson v. District of Columbia, Civ. No.
1:13-cv-1297, ECF No. 11 (D.D.C. Oct. 18, 2013). The Court
dismissed that action in January 2014 on the grounds that Mr.
Robinson's claims were barred by judicial estoppel
because Mr. Robinson received a discharge in bankruptcy while
his EEOC claim was pending. See Robinson v.
District of Columbia, 10 F.Supp.3d 181, 190 (D.D.C.
Robinson claims that, from February 2014 until at least the
filing of his Complaint in this action, he requested
reassignment to the ATEU and, in lieu of a permanent
assignment to the ATEU, also requested to work overtime
assignments in the ATEU while being detailed to another unit.
See Compl. ¶ ¶ 13-14. Mr. Robinson claims
that, despite his qualifications for work in the ATEU based
on his training, experience, and qualifications, the MPD
denied all of his requests. See id. ¶ ¶
13-15. Mr. Robinson claims that non-black officers of lesser
qualifications and experience were, however, assigned to the
ATEU and were granted overtime requests within the ATEU.
See id. Mr. Robinson claims that there was no
legitimate, non-discriminatory reason for the MPD to select
the non-black officers for each and every regular and
overtime shift within the ATEU since February of 2014.
See id. ¶ 16.
Robinson filed this action in January 2015, asserting six
claims against the District (two of which are grouped under
Count V): race discrimination under Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e et seq.
(Count I), retaliation under Title VII (Count II), race
discrimination under 42 U.S.C. § 1981(a) (Count III),
retaliation under § 1981(a) (Count IV), race
discrimination under the D.C. Human Rights Act, D.C. Code
§ 2-1401.01 et seq. (Count V), and retaliation
under the D.C Human Rights Act (Count V).