Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

CHYRDONNA WHITE

v.

* * * * * *

CIVIL NO. Y-99-2248

UNITED STATES OF AMERICA

*

Chyrdonna White, pro se Plaintiff. Honorable Lynne A. Battaglia, Esquire, United States Attorney for the District of Maryland, Baltimore, Maryland and Charles J. Peters, Assistant United States Attorney, Baltimore, Maryland, counsel for Defendant. YOUNG, Joseph H., Senior United States District Judge Date: March ___, 2000

MEMORANDUM OPINION

I. This matter is before the Court on Defendant's Motion to Dismiss. In January 1998, the Plaintiff, Chyrdonna White,

filed a pro se complaint in the District Court of Maryland for Baltimore County, alleging employment discrimination against Renee Coates.1 Coates removed the case to this court, which

On her complaint form, White checked a box indicating that her case was "an action of tort," but the Court found 1

1

dismissed White's complaint by a Memorandum Opinion issued April 6, 1999, for lack of subject matter jurisdiction. On

July 12, 1999, White filed a second complaint against Coates in Baltimore County District Court alleging similar discrimination during her term of employment.2 Coates again

removed the case to this court and filed a Motion to Dismiss on res judicata grounds. The Court denied Coates' Motion to Dismiss, finding that White's claim was not precluded on res judicata grounds because the Court's April 6, 1999, Memorandum and Order was not a final judgment on the merits. In addition, because

White claimed that she was "a uniformed member" of the military at the time of the relevant events, the Court

that her complaint was based on alleged discriminatory personnel actions taken by her supervisor, Coates. In particular, White claimed that she received unfair treatment from Coates, the Assistant Director of the Equal Employment Opportunity Programs Division. White asserted that she was forced to retire because of unfair treatment and a hostile environment. White's second State complaint alleged physical and financial injuries caused by Coates, including (a) "a medical condition"; (b) "lost income for not being allowed to enter into the govt w/o a performance evaluation"; and (c) "held back for two years from retiring in the govt." In a letter to the Court dated September 21, 1999, White expressed confusion about the disposition of her first complaint. She also claimed that she was a uniformed member of the armed services at the time of the alleged wrongs and, therefore, Title VII would not apply to her claims. 2
2

concluded that she could not bring a claim under Title VII. Nevertheless, the Court decided not to remand the case to state court because a fair reading of White's complaint indicated she was asserting a cause of action under the Federal Tort Claims Act ["FTCA"]. On January 11, 2000, Coates filed a motion to substitute the United States as Defendant pursuant to 28 U.S.C.

Download Chyrdonna White v United States of America.pdf

Maryland Law