Snead v. Bd. of Educ. of Prince George's Cnty.

192 L.R.R.M. (BNA) 2852

815 F.Supp.2d 889

Nancy V. SNEAD

v.BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, et al.

Civil Action No. DKC 11–0503.

United States District Court, D. Maryland.

Sept. 2, 2011.

Nancy V. Snead, Ellicott City, MD, pro se.

Abbey Gail Hairston, Sarah Martin Burton, Thatcher Law Firm LLC, Greenbelt, MD, Christopher M. Feldenzer, Jeffrey E. Rockman, Serotte Rockman and Wescott PA, Towson, MD, for Board of Education of Prince George's County.

MEMORANDUM OPINION

DEBORAH K. CHASANOW, District Judge.

Presently pending and ready for resolution in this employment dispute is a motion to dismiss filed by Defendant Prince George's County Educators' Association (ECF No. 7) and a motion to dismiss or, in the alternative, for summary judgment filed by Defendant Board of Education of Prince George's County (ECF No. 16).¹ The issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, both motions will be granted.

I. Background

Plaintiff Nancy Snead was employed by Defendant Board of Education of Prince George's County (“the Board”) in various capacities from November 1999 until March 2005, when “the Board refused to allow [her] to return to work from [a] work related injury with medical restrictions” and she was “forced” to retire. (ECF No. 1, at 2).² At all times during her employment, Plaintiff was a member of Defendant Prince George's County Educators' Association (“the Union”), which represented the interests of Board employees under a collective bargaining agreement with the Board. During her employment, Plaintiff “complained to the Union about her pay and leave issues” on numerous occasions, but the Union allegedly failed to “pursue[ ]” any “grievances” on her behalf. ( Id. at 6).

On November 8, 2006, Plaintiff filed a complaint, by counsel, alleging that the Union breached its duty of fair representation in violation of the Labor Management Relations Act (“LMRA”), 29 U.S.C. §§ 141, et seq., and that the Board failed to pay all of her wages in violation of the Maryland Wage Payment and Collection Law (“MWPCL”), Md.Code Ann., Lab & Empl. § 3–507.1. See Snead v. Prince George's County Board of Education, et al., Civ. No. AMD–06–2941 (D.Md.). On March 12, 2007, Judge Davis issued an order directing Plaintiff to show cause why her complaint should not be dismissed without prejudice due to her failure to serve Defendants within 120 days. In response, Plaintiff filed a notice of voluntary dismissal and the complaint was dismissed.

Plaintiff, proceeding pro se, commenced the instant action against the same defendants on February 22, 2011. (ECF No. 1). In addition to raising claims under the LMRA and MWPCL identical to those brought in the initial case, the complaint included a handwritten portion citing “Rehabitation [sic] Act of 1973 as amended 29 USC 701 for discrimination on basis of a disability by an employer” and “American Disability Act of 1990, ADA Both section 504.” ( Id. at 3). Noting that the complaint was “not a model of clarity,” the court directed Plaintiff to supplement by clearly setting forth the basis of federal jurisdiction and, to the extent she intended to raise claims under the Rehabilitation Act or ADA, describing “when and how she administratively exhausted her employment discrimination claims.” (ECF No. 3, at 1, 2).

On April 13, 2011, Plaintiff supplemented her complaint, addressing the court's concerns and attaching numerous exhibits in support. (ECF No. 4). In her supplemental pleading, Plaintiff “invokes federal review under ... Labor Management Relations[,] 29 USC 141 & 159a[,] Duty of Fair Representation [;] Rehabilitation Act of 1973 as Amended 29 USC 701[,] for Discrimination on the basis of a Disability by an Employer; [and] American Disability Act of 1990, ADA both sections 504.” ( Id. at 1). She further asks the court to exercise supplemental jurisdiction over her MWPCL claim. As to exhaustion, Plaintiff asserts that she “went to [the] Maryland Commission on Human Relations with the complaint of Discrimination,” but the “agency determined it does not have jurisdiction.” ( Id. at 3).³ Thereafter, according to Plaintiff, she sought assistance from the National Labor Relations Board (“NLRB”), which “suggest[ed] [that she] contact [the] Md. State Labor Relations Bd.” ( Id.).⁴ According to Plaintiff, “every entity or source [she] approached passed the buck to another similar agency.” ( Id.).

The Union responded by moving to dismiss, arguing that the LMRA does not apply to state employees and, even if it did, that Plaintiff's complaint would be time barred. (ECF No. 7). Shortly thereafter, the Board filed a motion to dismiss or for summary judgment, asserting, inter alia, that Plaintiff failed to exhaust administrative remedies with respect to her ADA and Rehabilitation Act claims. (ECF No. 16). Plaintiff filed papers opposing both motions (ECF No. 19) and both defendants replied (ECF Nos. 23, 25).

II. ADA and Rehabilitation ActA. Standard of Review

As a threshold matter, the court must determine whether it has subject matter jurisdiction over Plaintiff's claims under the ADA and Rehabilitation Act. While the Board seeks dismissal under Rule 12(b)(6) only, it argues, in part, that Plaintiff has failed to exhaust administrative remedies, which may implicate subject matter jurisdiction under Rule 12(b)(1).

Regardless of the basis for the Board's motion, the court has an independent duty to satisfy itself of its own subject matter jurisdiction and may raise the issue sua sponte, even where the defendant does not directly challenge it. Andrus v. Charlestone Stone Prods. Co., Inc., 436 U.S. 604, 608 n. 6, 98 S.Ct. 2002, 56 L.Ed.2d 570 (1978). Indeed, “questions of subject matter jurisdiction must be decided ‘first, because they concern the court's very power to hear the case.’ ” Owens–Illinois, Inc. v. Meade, 186 F.3d 435, 442 n. 4 (4th Cir.1999) (quoting 2 James Wm. Moore et al., Moore's Federal Practice § 12.30[1] (3d ed. 1998)). The plaintiff always bears the burden of demonstrating that subject matter jurisdiction properly exists in federal court. See Evans v. B.F. Perkins Co., a Div. of Standex Int'l Corp., 166 F.3d 642, 647 (4th Cir.1999). Dismissal for lack of subject matter jurisdiction is appropriate “only if the material jurisdictional facts are not in dispute” and the defendant is “entitled to prevail as a matter of law.” Id. (internal marks omitted). In its analysis, the court should “regard the pleadings as mere evidence on the issue, and may consider evidence outside the pleadings without converting the proceeding to one for summary judgment.” Evans, 166 F.3d at 647.

B. Analysis

Title II of the ADA states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. Similarly, § 504 of the Rehabilitation Act provides that “[n]o otherwise qualified individual with a disability ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a).

Prior to filing a law suit alleging violations of the ADA or the Rehabilitation Act, a plaintiff must first exhaust administrative remedies. See Adams v. Wallenstein, 814 F.Supp.2d 516, 523, Civil Action No. DKC 08–1601, 2011 WL 1807787, at *5 (D.Md. May 11, 2011) (ADA); Kim v. Potter, Civil Action No. DKC 09–2973, 2010 WL 2253656, at *4 (D.Md. June 2, 2010) (Rehabilitation Act). Under both statutes, the exhaustion requirements and filing procedures are identical to those applicable to claims under Title VII. See 42 U.S.C. § 12117(a); 29 U.S.C. § 794(a). Thus, “[o]nly those discrimination claims stated in the initial charge [filed with a federal or local human relations commission], those reasonably related to the original complaint, and those developed by reasonable investigation of the original complaint may be maintained” in a subsequent lawsuit. Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 963 (4th Cir.1996). Civil suits cannot present entirely new theories of liability not found within the initial complaint, and a complaint will generally be barred if the charge filed with the EEOC or local agency alleges discrimination on one basis while the civil litigation advances a claim of discrimination on a separate basis. See Talbot v. U.S. Foodservice, Inc., 191 F.Supp.2d 637, 640–41 (D.Md.2002) (granting summary judgment against an employee who alleged race discrimination in his EEOC charge, but brought suit under both Title VII and the ADA). The failure to exhaust administrative remedies deprives the federal court of subject matter jurisdiction. Jones v. Calvert Group, Ltd., 551 F.3d 297, 300–01 & n. 2 (4th Cir.2009).

The documents attached to Plaintiff's supplemental pleading reflect that she filed a complaint with the Maryland Commission on Human Relations (“MCHR”) on or about March 25, 2004. (ECF No. 4–6). While the complaint itself is not attached, the MCHR's responsive letters are. In the first letter, dated March 30, 2004, the commission advised Plaintiff that her “complaint cannot be authorized for investigation” because she “did not articulate a basis for the alleged discriminatory act.” ( Id.). The MCHR suggested that Plaintiff “contact the Commission” regarding “the re-filing of [the] complaint” if she had “more information to provide.” ( Id.). In a letter dated April 7, 2004, apparently written in response to a further inquiry by Plaintiff, the MCHR explained why it was unable to accept her claims for investigation: “In order to accept a complaint of retaliation, the act of violation must be one that is covered by ...