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Lucas v. United States Government

Where employees of DC Department of Corrections claimed federal competitive status for purpose of retirement benefits and entitlement to federal employment, dismissal of complaint affirmed because employees failed to show that either Congress or the Merit Act intended to treat Corrections Department employees differently from other District government employees, and they failed to establish a right to federal employment status.

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Argued September 5, 2001

In this appeal, employees of the District of Columbia Department of Corrections claim federal competitive status for the purpose of retirement benefits and “entitlement” to federal employment. They sued the District of Columbia and the United States under 42 U.S.C. s 1983, the Due Process Clause of the Fifth Amendment to the United States Constitution, and District of Columbia law, to enforce their claimed federal status in connection with the closing of the Lorton Reformatory, and to compel the United States and the District of Columbia to follow correct procedures for reductions-in-force (“RIFs”). In appealing, appellants contend that the district court erred in dismissing their claim to federal employment status under Fed. R. Civ. P. 12(b)(6), and in disposing of their other claims for failure to exhaust, requiring them to pursue their remedies under District of Columbia personnel procedures. We find no error, and accordingly we affirm the dismissal of the complaint.*fn1 By separate order we remand the order imposing monetary sanctions on plaintiffs’ counsel for entry of a final judgment and clarification, by name, of the counsel against whom the sanctions are entered.

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