Where claims brought by a former Defense Logistics Agency employee were barred by sovereign immunity or failed to state a claim, they were dismissed.

Background

William David Jones, proceeding pro se, has filed suit against his former employer, the Defense Logistics Agency, or DLA, and 12 individual federal employees for violations that he alleges occurred during his employment with DLA and debarment from the installation. He alleges (1) constitutional; (2) Administrative Procedure Act; (3) Freedom of Information Act; (4) Privacy Act and (5) administrative claims. Defendants move the court to dismiss, or in the alternative, enter summary judgment against Jones.

Individual defendants

To the extent Jones seeks to bring the non-constitutional claims against the individuals, they must be dismissed because they are not properly before this court. First, the individuals have not been served in their individual capacities. Second, had they been served, the individual employees are not proper defendants for the non-constitutional claims asserted. Finally, to the extent Jones is attempting to assert constitutional claims against the newly named individuals, the claims are untimely.

Sovereign immunity

In Count One, Jones contends that DLA violated his rights under the Fourth, Fifth, Sixth and Fourteenth Amendments of the United States Constitution. However, these claims are barred by sovereign immunity.

APA

In Count Two, Jones asserts that DLA arbitrarily and capriciously debarred...

Read Full Story: https://news.google.com/rss/articles/CBMiWmh0dHBzOi8vdmFsYXd5ZXJzd2Vla2x5LmNv...