PETER J. MESSITTE, District Judge.
Yulonda Lee, pro se, obtained a Temporary Peace Order in Prince George's County District Court against Rose Taylor for workplace harassment. The case was removed to this Court, and on December 16, 2011, Taylor filed a Motion to Dismiss, or Alternatively, for Summary Judgment [Paper No. 20], to which Lee has failed to respond despite ample time and opportunity. Taylor has also filed a Motion to Dismiss for Lack of Prosecution [Paper No. 22]. For the following reasons, the Court
The facts are straightforward. Lee is a part-time Flexible Mail Carrier for the United States Postal Service ("USPS") assigned to its Oxon Hill, Maryland facility. Taylor is a USPS Customer Service Supervisor who sometimes serves as "Acting Manager" at facilities in the greater Washington metropolitan area while a "regular" supervisor is on leave.
On or about August 11, 2011, Taylor was assigned to the Oxon Hill building as "Acting Manager." Lee alleges that at some point that day, Taylor grabbed her by the shoulders and raised her hand to slap Lee. Lee also claims that on the previous day, Taylor derided her as being "worthless/useless" over the facility's public address system.
Taylor denies ever grabbing Lee inappropriately or criticizing her over the public address system. She says that on the day in question she directed Lee to "case" the mail for a particular mail route.
On October 31, 2011, more than two and a half months after the aforementioned incident, Lee petitioned the Prince George's County District Court for a Peace Order against Taylor. The Court granted a Temporary Peace Order and scheduled a hearing to determine whether a Final Peace Order should be entered.
In evaluating a motion to dismiss pursuant to the Federal Rules of Civil Procedure 12(b)(6), the "court accepts all well-pled facts as true and construes these facts in the light most favorable to the plaintiff. ..." Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 591 F.3d 250, 255 (4th Cir. 2009) (citations omitted). However, the court need not accept as true "legal conclusions, elements of a cause of action, and bare assertions devoid of further factual enhancement." Id. There must be "more than an unadorned, the-defendant-unlawfully-harmedme accusation." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). The complaint must contain sufficient well-pled facts to "state a claim to relief that is plausible on its face." Twombly, 550 U.S. at 570. The factual allegations must "permit the court to infer more than the mere possibility of misconduct." Iqbal, 129 S. Ct. at 1950. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing Twombly, 550 U.S. at 556).
Pursuant to Fed. R. Civ. P. 56(a), "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." The "party opposing a properly supported motion for summary judgment `may not rest upon the mere allegations or denials of [his] pleadings,' but rather must `set forth specific facts showing that there is a genuine issue for trial.'" Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514, 525 (4th Cir. 2003) (alteration in original) (quoting Fed. R. Civ. P. 56(e)). The court should "view the evidence in the light most favorable to . . . the nonmovant, and draw all reasonable inferences in her favor without weighing the evidence or assessing the witnesses' credibility." Dennis v. Columbia Colleton Med. Ctr., Inc., 290 F.3d 639, 645 (4th Cir. 2002). The court, however, must also abide by the "affirmative obligation of the trial judge to prevent factually unsupported claims and defenses from proceeding to trial." Bouchat, 346 F.3d at 526 (quoting Drewitt v. Pratt, 999 F.2d 774, 778-79 (4th Cir. 1993)). Summary judgment is appropriate where a party fails to make a showing sufficient to establish the elements essential to the party's claim and on which the party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). There must be sufficient evidence for a reasonable jury to find for the nonmoving party, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 252 (1986), and a "mere scintilla of proof . . . will not suffice to prevent summary judgment." Peters v. Jenney, 327 F.3d 307, 314 (4th Cir. 2003).
Taylor asserts that the petition for a Peace Order should be dismissed or summary judgment granted for lack of subject matter jurisdiction on the basis of sovereign immunity. The Court finds as an initial matter that it does have subject matter jurisdiction under 28 U.S.C. § 1442(a)(1). But as to the merits of Taylor's sovereign immunity defense, the Court concludes that the action is barred.
Pursuant to 28 U.S.C. § 1442,
In the present case, Taylor's federal defense of sovereign immunity is "colorable" and not "without foundation." Marley v. Elliot Turbomachinery Co., 545 F.Supp.2d 1266, 1271 (S.D. Fla. 2008). She has, moreover, shown a "causal connection," affirming in her declaration that the actions Lee complains about were performed under color of both Lee's and Taylor's positions as USPS employees. "Casing" the mail—and by extension, directing USPS subordinates to "case" the mail—is inarguably a function of a USPS employee. At the same time, the United States Attorney for the District of Maryland has certified that Taylor was acting within the scope of her employment as an employee of the United States, and even Lee states in the petition for a Peace Order that she was harmed "@ the Workplace." In short, it is uncontroverted that the events at issue occurred at a USPS facility while Lee and Taylor were performing their official duties as USPS employees. Because Taylor has raised a colorable sovereign immunity defense, the Court has removal jurisdiction over the case.
Turning to the merits of Taylor's sovereign immunity defense, it is well established that the United States is immune from suit unless it consents to be sued, United States v. Sherwood, 312 U.S. 584, 586 (1941), and that the plaintiff carries the burden of showing "an unequivocal waiver of sovereign immunity. ..." Welch v. United States, 409 F.3d 646, 651 (4th Cir. 2005) (citing Williams v. United States, 50 F.3d 299, 304 (4th Cir. 1995)). A suit against a government officer in her official capacity is not a suit against the official but rather a suit against the official's office. See Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989). Therefore, "[a]n action seeking specific relief against a federal official, acting within the scope of [her] delegated authority, is an action against the United States subject to governmental privilege of immunity." Boron Oil Co. v. Downie, 873 F.2d 67, 69 (4th Cir. 1989) (citing Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682, 688 (1949)); see also Robinson v. Overseas Military Sales Corp., 21 F.3d 502, 510 (2d Cir. 1994) ("Because an action against a federal agency or federal officers in their official capacities is essentially a suit against the United States, such suits are also barred under the doctrine of sovereign immunity, unless such immunity is waived.").
Here, Lee seeks relief against a federal officer acting within the scope of her delegated authority. As noted above, there is no dispute that the conduct Lee complains about occurred while Taylor was performing her duties as "Acting Manager" of the postal facility. Thus, in order to avoid the bar of sovereign immunity, Lee must point to a specific, unequivocal waiver of that immunity. She has not done so. Nor does any statute waive sovereign immunity for injunctive relief in a state action against a federal officer.
For the foregoing reasons, the Court
A separate Order will