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Willsun v. Donahoe

United States District Court, W.D. New York

July 16, 2014

PATRICIA J. WILLSUN, Plaintiff,
v.
PATRICK R. DONAHOE, POSTMASTER GENERAL, Defendant.

ORDER

MICHAEL A. TELESCA, Chief District Judge.

INTRODUCTION

Plaintiff Patricia Willsun ("Willsun") proceeding pro se, brings this action against the Postmaster General of the United States Postal Service pursuant to the Rehabilitation Act of 1973, (codified at 29 U.S.C. § 701 et. seq.) and the Privacy Act (codified at 5 U.S.C. § 552(a)) claiming that the Postal Service discriminated against her on the basis of a disability. Specifically, plaintiff alleges that she was terminated from her employment because she suffered from a disability which caused her to miss work on several occasions, and that the defendant failed to accommodate her reasonable requests for accommodation of her disability. Plaintiff also alleges that the defendant improperly disclosed her confidential health information to employees of the United States Postal Service.

Defendant moves to dismiss plaintiff's Complaint on grounds that she has failed to timely exhaust her administrative claim of discrimination, and therefore, this court lacks jurisdiction to hear her federal action. Defendant also contends that plaintiff has failed to state a claim for the alleged improper disclosure of her medical information.

For the reasons set forth below, I grant defendant's motion to dismiss, and dismiss plaintiff's Complaint with prejudice.

BACKGROUND

According to the Complaint, plaintiff is a former mail carrier who was employed by the United States Post Office. The Complaint does not specify how long the plaintiff worked for the Post Office, but alleges that in 2004, presumably while working for the Post Office, she was diagnosed with "heart and thyroid issues" and anxiety. The Complaint does not identify any specific diagnosis relating to the heart and thyroid problems she allegedly suffered, nor is there any allegation that her alleged conditions are actual disabilities under the Rehabilitation Act.

In 2011, plaintiff experienced numerous absences from work. According to the plaintiff, she believed the absences were excused based on notes she had received from her doctor. According to the defendant, while some absences were excused, several were not. As a result of plaintiff's unexcused absences and failure to maintain regular attendance, The Postal Service notified Willsun on October 20, 2011 that her employment would be terminated effective November 25, 2011. Plaintiff filed a grievance contesting her termination, but her grievance was denied on February 3, 2012. Thereafter, plaintiff filed an administrative complaint of discrimination with the Equal Employment Opportunity Commission ("EEOC") on May 4, 2012. The EEOC found no probable cause to believe that discrimination had occurred, and issued plaintiff a right-to-sue letter. On September 6, 2013, plaintiff filed the instant action alleging that she was discriminated against on the basis of her disability. In addition to her claim of discrimination, plaintiff also claims that the defendant improperly gained access to her personal medical information without her authorization, and improperly shared her medical information with her former supervisors and co-employees in violation of the Privacy Act.

DISCUSSION

I. Legal Standards for evaluating a Motion to Dismiss

Defendant moves to dismiss plaintiff's Complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure claiming that plaintiff failed to timely exhaust her administrative remedies (and therefore this court lacks jurisdiction over them) and that she has failed to state a claim for the alleged improper disclosure of her medical records upon which relief can be granted. In evaluating the complaint for jurisdictional sufficiency pursuant to Rule 12(b)(1), the Court must accept as true all factual allegations and must draw all inferences in plaintiff's favor. See King v. Simpson , 189 F.3d 284, 287 (2d Cir. 1999). Should the court find that jurisdiction is lacking, dismissal of the case is "mandatory." United Food & Commercial Workers Union v. CenterMark Properties Meriden Square, Inc. , 30 F.3d 298, 301 (2d Cir. 1994) (internal citations omitted); see also Fed.R.Civ.P. 12(b)(1) and 12(h)(3).

In reviewing a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the Court must "accept...all factual allegations in the complaint and draw...all reasonable inferences in the plaintiff's favor." See Ruotolo v. City of New York , 514 F.3d 184, 188 (2d Cir.2008) (internal quotation marks omitted). In order to withstand dismissal, the complaint must plead "enough facts to state a claim to relief that is plausible on its face." See Bell Atl. Corp. v. Twombly , 550 U.S. 544, 127 S.Ct. 1955, 1974 (2007) (disavowing the oft-quoted statement from Conley v. Gibson , 355 U.S. 41 (1957), that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief").

"While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." See id. at 1965 (internal quotation marks omitted). Moreover, conclusory allegations are not entitled to any assumption of truth, and therefore, will not support a finding that the plaintiff has stated a valid claim. Hayden v. Patterson , 594 F.3d 150, 161 (2nd Circ., 2010). Thus, "at a bare minimum, the operative standard requires the plaintiff [to] provide the grounds upon which his claim rests through factual allegations sufficient to raise a right to relief above the speculative level.'" See Goldstein v. Pataki , 516 F.3d 50, 56-57 (2d Cir.2008) (quoting ...


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