United States District Court, S.D. Georgia, Brunswick Division
CARY G. MOSELEY, JR, Plaintiff,
JEFF SESSIONS, attorney general, U.S. Department of Justice Defendants.
LISA GODBEY WOOD UNITED STATES DISTRICT COURT JUDGE.
matter comes before the Court on Defendant's Rule
12(b)(6) Motion to Dismiss for failure to state a claim upon
which relief may be granted. Dkt. No. 20. This Motion has
been fully briefed and is ripe for review. For the reasons
stated below, the Motion is GRANTED.
stage of the case, the allegations of the complaint are
accepted as true pursuant to Federal Rule of Civil Procedure
12(b)(6). Plaintiff Cary Moseley, Jr. sued the Attorney
General on November 16, 2016, for violations of the Americans
with Disabilities Act PADA"), 42 U.S.C. § 12112 to
12117. Dkt. No. 1. Because the ADA does not apply to
employment by the federal government or its agencies, and
Plaintiff's claims are against a federal employer-the
Bureau of Prisons, and consequently, the Department of
Justice-his claims are governed by the Rehabilitation Act, 29
U.S.C. § 701, et seq. See Spence v. Straw, 54
F.3d 196, 202 (3d Cir. 1995) P[T]he Rehabilitation Act
provides the exclusive means by which a litigant may raise
claims of discrimination on the basis of handicap by federal
agencies."). Specifically, Moseley has brought claims
for termination, failure to accommodate, retaliation, and
hostile work environment from his employment with the Federal
Correctional Institute in Jesup, Georgia. Dkt. No. 1, III.A,
alleges that he was injured in October 2012 and suffered the
permanent injury of nerve damage to the left dominant arm in
March 2013. Id. at III.E ¶¶ 1-2. Moseley
further alleges that after he was sent for a functional
capacity evaluation in August 2013, he was denied an
accommodation and filed a grievance. He was then told in
October 2013 that he was not "fit for duty" and
could not work at his place of employment. Id.
¶¶ 4-6. That same month, he contacted EAP for help
with stress, and the union stopped his "eight point
letter." Id. ¶¶ 7-8. After that, he
was placed in a mental hospital due to stress and diagnosed
with Post Traumatic Stress Disorder ("PTSD") and
"major depressive disorder." Id. ¶ 9.
While there, the prison decided he could return to work
"full duty." Io\ ¶ 10. But when he left the
hospital, DR said he could no longer work at his
employment. Id. ¶ 11. So he filed a
worker's compensation claim, which was denied.
Id. At this point, Moseley was told he could not
file an EEO claim for an accommodation. Ia\ ¶ 12. He ran
out of leave, and was approved for eighty hours. Ia\ ¶
13. Upon request, he delivered a leave without pay memorandum
to the prison. Id. ¶ 14. On a call from the
prison, Moseley requested his retirement benefits, explaining
that he needed more money after the denial of his
worker's compensation claim. Id. ¶ 15. His
retirement was approved in November 2014. Id. ¶
Moseley received a bill from the prison for approximately $3,
100 for unpaid insurance premiums while on leave without pay.
Id. SI 17. Moseley now seeks the "same
retirement as Suzanne Hastings retroactive to retirement
date, " and to have his student loans paid off and his
child's college paid for. Dkt. No. 1-3, V.
Rule of Civil Procedure 8(a) requires that a plaintiff's
complaint contain ''a short and plain statement of
the claim showing that the pleader is entitled to
relief." Fed.R.Civ.P. 8(a). When ruling on a motion to
dismiss brought pursuant to Rule 12(b)(6), a district court
must accept as true the facts set forth in the complaint and
draw all reasonable inferences in the plaintiff's favor.
Randall v. Scott, 610 F.3d 701, 705 (11th Cir.
2010). Although a complaint need not contain detailed factual
allegations, it must contain "enough facts to state a
claim to relief that is plausible on its face." Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
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." Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009). The Court accepts the allegations in the complaint as
true and draws all reasonable inferences in favor of the
plaintiff. Ray v. Spirit Airlines, Inc., 836 F.3d
1340, 1347 (11th Cir. 2016). However, the Court does not
accept as true threadbare recitations of the elements of the
claim and disregards legal conclusions unsupported by factual
allegations. Iqbal, 556 U.S. at 678-79. At a
minimum, a complaint should "contain either direct or
inferential allegations respecting all the material elements
necessary to sustain a recovery under some viable legal
theory." Fin. Sec. Assurance, Inc. v. Stephens,
Inc., 500 F.3d 1276, 1282-83 (11th Cir. 2007) (per
curiam) (quoting Roe v. Aware Woman Ctr. for Choice,
Inc., 253 F.3d 678, 683 (11th Cir. 2001)).
se pleadings are held to a less stringent standard than
pleadings drafted by attorneys." Boxer X v.
Harris, 437 F.3d 1107, 1110 (11th Cir. 2006) (emphasis
in original) (quoting Hughes v. Lott, 350 F.3d 1157,
1160 (11th Cir. 2003)).
filed a Motion to Dismiss Plaintiff's complaint for
failure to state a claim. Defendant argues that
Plaintiff's claims are barred because he failed to
exhaust his administrative remedies. It further argues that
even if Plaintiff sufficiently exhausted his administrative
remedies, his claims should be dismissed for failure to state
claims upon which relief may be granted.
Exhaustion of Administrative Remedies
a plaintiff may file a suit for discrimination in federal
court, he must exhaust his administrative remedies. In fact,
administrative exhaustion is a jurisdictional prerequisite to
discrimination cases. Crawford v. Babbitt, 186 F.3d
1322, 1326 (11th Cir. 1999). Specifically, three requirements
must be met: (1) the plaintiff must contact an agency's
Equal Employment Opportunity ("EEO") counselor
within 45 days of the alleged discrimination; (2) he must
file a complaint with the agency within 15 days of the notice
of his right to do so; and (3) he must sue within 90 days of
the agency's final decision or after 180 days have