United States District Court, D. Columbia.
Eugene Nyambal, Plaintiff: John M. Shoreman, LEAD ATTORNEY,
MCFADDEN & SHOREMAN, LLC, Washington, DC USA.
Allied Barton Security Services, LLC, Defendant: Richard
Scott Schrager, Edward Clark Bacon, BACON, THORNTON & PALMER,
LLP, Greenbelt, MD USA.
G. Sullivan, United States District Judge.
Eugene Nyambal (" Mr. Nyambal" ) filed this lawsuit
against AlliedBarton Security Services LLC ("
AlliedBarton" ) based on the company's role in
facilitating his removal from the International Monetary Fund
(" IMF" ) and the World Bank's Washington, D.C.
locations. Compl., ECF No. 1-3. Mr. Nyambal alleges that
AlliedBarton and the IMF conspired to retaliate against him
after he accused the IMF of participating in corrupt
practices. Id. Specifically, Mr. Nyambal alleges
claims against AlliedBarton for tortious interference with
his business relationships, defamation, and intentional
infliction of emotional distress. Id. AlliedBarton
moves to dismiss Mr. Nyambal's claims. Upon consideration
of the motion, the response thereto, the applicable law, and
the entire record, AlliedBarton's motion is
provides security services to the IMF and World Bank's
Washington D.C. offices. Id. at ¶ 2. This
lawsuit arises from several encounters Mr. Nyambal, an
economist in the field of international development, had with
AlliedBarton staff between 2009 and 2014. Id. at
Nyambal served as a senior advisor to Executive Director
Laurean Rutayisire, an IMF board member, until 2009.
Id. While at the IMF, Mr. Nyambal was responsible
for advising member countries during economic aid
negotiations with the aim of protecting IMF resources on
behalf of its shareholders. Id. at ¶ 5. Mr.
Nyambal previously worked at the World Bank. Id. In
2009, Mr. Nyambal " raised serious concerns" about
the lack of transparency and potential corruption relating to
a mining project between the IMF and the Cameroon government.
Id. at ¶ 6. On June 25, 2009, Mr. Nyambal's
employment at the IMF was terminated " without notice or
explanation" . Id. at ¶ 7. He was
immediately barred from entering his office, his personal
effects were confiscated, and all files pertaining to his
work on the Cameroon mining project were removed from his
Mr. Nyambal's 2009 Encounter with
2009, Mr. Nyambal entered a publicly-accessible credit union
located in the IMF building to conduct a personal business
transaction. Id. at ¶ 8. Mr. Nyambal claims
that two AlliedBarton security officers " accosted and
escorted" him from the credit union " in full view
of the public and a professional colleague who had
accompanied him into the premises." Id.
Nyambal claims that this incident was the first in a series
that demonstrate the IMF and AlliedBarton's civil
conspiracy against him, aimed at retaliating against him for
his public denunciations of the IMF's role in the
Cameroon mining project. Id. at ¶ 9.
Specifically, Mr. Nyambal claims the IMF "
blacklisted" him by placing his name and photograph on
the World Bank's " No Admit List", a list
enforced by AlliedBarton and " ordinarily maintained for
people deemed to represent a security threat to the World
Bank and its staff." Id. at ¶ 10.
Mr. Nyambal's July 2013 Encounter with
2013, nearly four years after Mr. Nyambal was physically
removed from the credit union, he was denied entry to the
building and thus not allowed to attend a meeting at the
World Bank. Id. at ¶ 11. Mr. Nyambal claims he
was " humiliated in the presence of many professional
acquaintances." Id. Mr. Nyambal contacted the
IMF, the World Bank, and AlliedBarton for an explanation.
Id. at ¶ 12. Neither AlliedBarton nor the IMF
responded to Mr. Nyambal's inquiry. Id. The
World Bank denied giving AlliedBarton the instruction to
place Mr. Nyambal's information on the No Admit List.
Id. at ¶ 11-12.
Mr. Nyambal's October 2013 Encounter with
months later, in October 2013, Mr. Nyambal and his colleagues
again sought to enter the World Bank to attend its Annual
Meeting and " meet with government officials and secure
contracts." Id. at ¶ 13. Mr. Nyambal
alleges he obtained a three-day visitor pass, but was once
again denied entry. Id. Mr. Nyambal argues he was
" publicly humiliated in the presence of former
colleagues, professional acquaintances and government
officials." Id. Mr. Nyambal alleges that the
World Bank's Human Resources Department indicated that it
did not know why his access was restricted and that the World
Bank did not place him on the No Admit List. Id.
November 2013, an article entitled " IMF Whistleblower
Banned from the World Bank" was published on the Free
Beacon's website. Compl. at ¶ 14; Pl.'s Mem.
Opp., ECF No. 9 at 7. Mr. Nyambal claims that publicity about
his " blacklisting" tarnished his reputation and
resulted in the loss of several employment opportunities in
the development community. Compl. at ¶ 10. For example,
Mr. Nyambal's work on a project with the Republic of
Equatorial Guinea ceased after authorities were informed by
an unspecified source that he was blacklisted from the World
Bank. See id. at ¶ 15. Although Mr. Nyambal has
written a few articles, he stopped working on his next book
due to " financial and emotional distress."
Id. Mr. Nyambal claims he can " barely sleep
more than 4 hours a night and has been under anti-depressants
sleeping pills, and heart medication for an extended period
of time" to cope with his " public humiliation, and
cruel inhumane treatment" by AlliedBarton and the IMF.
Id. at ¶ 21.
Mr. Nyambal's Communication with the World
2014, the World Bank denied responsibility for the placement
of Mr. Nyambal's name on the No Admit List. Id.
at ¶ 16. At a June 5, 2014 meeting with the World Bank
and AlliedBarton, Mr. Nyambal alleges that AlliedBarton
acknowledged that Mr. Nyambal's " blacklisting of
October 9, 2013, was triggered by the information provided by
the IMF to the World Bank through AlliedBarton" and
" that the July 23, 2013, blacklisting was triggered by
a technical error in the process of changing Mr.
Nyambal's access status from 'former staff
member' to 'visitor.'" Id. at
Standard of Review.
motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) tests the legal sufficiency of a complaint.
Browning v. Clinton, 292 F.3d 235, 242, 352
U.S.App.D.C. 4 (D.C. Cir. 2002). The pleading must contain a
" short plain statement of the claim showing that the
pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2);
Ashcroft v. Iqbal, 556 U.S. 662, 677-78, 129 S.Ct.
1937, 173 L.Ed.2d 868 (2009). The pleading standard does not
require detailed factual allegations, but should be "
more than an unadorned, the-defendant-unlawfully-harmed-me
accusation." Id. at 678. Naked assertions
without factual enhancements or formulaic recitations of the
elements of a cause of action will not suffice. Id.
Rather, to survive a motion to dismiss, a complaint "
must contain sufficient factual matter . . . to 'state a
claim to relief that is plausible on its face.'"
Id. Plausibility ...