Where a former Department of Agriculture director alleged that she was constructively discharged in retaliation for reporting suspected fraud, but she failed to administratively exhaust her claims and failed to properly serve the defendants, her suit was dismissed.
Background
Jesse Hines Turner brought this action alleging that she was constructively discharged from her role as a County Executive Director with the United States Department of Agriculture’s Farm Service Agency in retaliation for reporting suspected fraud. Turner claims that, through their actions related to her alleged constructive termination, various individuals involved with the Farm Service Agency violated (1) the False Claims Act; (2) Virginia’s whistleblower-protection laws and (3) her First Amendment rights. Defendants have filed a motion to dismiss.
Service
Turner attempted to serve defendants in their individual capacities by delivering copies of the summons and complaint to people she alleges were defendants’ authorized agents; she did not serve defendants personally, at their dwellings or usual places of abode or in compliance with state law. As defendants represented at the hearing, these purported agents appear to be no more than colleagues at defendants’ workplaces who are unrelated to this action. And defendants, through sworn declarations, claim that they did not authorize any agent to accept service of process on their behalf.
Turner has not met her burden of proving adequate service because...
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