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MADDEN v. RUNYON

August 30, 1995

PATRICK MADDEN, Plaintiff
v.
MARVIN RUNYON, JR. Defendant



The opinion of the court was delivered by: ANITA B. BRODY

 Before me is defendant's motion for summary judgment. Plaintiff Patrick Madden ("Madden") is a pro se litigant who alleges that the Postal Service discriminated against him and violated his constitutional and statutory rights. Defendant Marvin Runyon, Jr. ("Runyon") is the Postmaster General. I construe Madden's complaint, which consists of a single paragraph, to allege the ten causes of action listed below. I also indicate my disposition on Runyon's motion for summary judgment as to each:

 1. Retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., ("Title VII") (granted in part; denied in part);

 2. Discrimination in violation of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq., ("ADEA") (granted);

 3. Discrimination in violation of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq., ("Rehabilitation Act") (denied);

 4. Civil rights infractions in violation of Title 42 U.S.C. § 1983 (granted);

 5. Failure to comply with the Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended, 38 U.S.C. § 4211 et seq., ("VEVRA") (denied);

 6. Reprisal in violation of the Whistleblower Protection Act of 1989, 5 U.S.C. § 1201, et seq., ("WPA") (granted);

 7. Failure to provide requested information in violation of the Freedom of Information Act, 5 U.S.C. § 552, ("FOIA") (granted);

 8. Disclosure in violation of the Privacy Act, 5 U.S.C. § 552a, ("Privacy Act") (granted);

 9. Defamation, slander, and libel claim for statements made about plaintiff (granted); and

 10. Misuse of legal process claim for bringing false charges against plaintiff (granted).

 Madden's Title VII claim, to the extent he alleges retaliation in 1992 and continuing retaliation occurring after 1984, still remains; as to all other Title VII claims Runyon's motion for summary judgment is granted. I will deny summary judgment on Madden's VEVRA and Rehabilitation Act claims without prejudice to raise the same issues at the time of trial.

 PROCEDURAL HISTORY

 On April 28, 1995 Runyon filed a motion for summary judgment. On May 10, 1995, after Madden failed to respond to the motion, I notified Madden that I would treat Runyon's motion as uncontested unless Madden filed a response or produced factual evidence that raised genuine issues of material fact. On May 30, 1995 Madden filed his responses to Runyon's interrogatories but excluded the actual interrogatories. Since Madden has provided limited factual evidence about his claim, I rely to a large extent on Runyon's submissions to develop the factual record at this stage of the litigation.

 Madden is a fifty-six year old man employed by the United States Postal Service as a postal inspector. (Def.'s Motion for Summary Judgment at 2.) Madden served in the armed forces from 1962 through 1964, and joined the Postal Service as a postal carrier in May 1968. (Id.) In 1970 the Postal Service appointed Madden to the position of postal inspector, and in 1977 Madden was promoted to employment level EAS-23. (Id.) On June 8, 1992, following two and one-half years of performance ratings designated as "unacceptable," the Postal Service demoted Madden from employment level EAS-23 to employment level EAS-21. (Def.'s Motion for Summary Judgment at 2-8.) In June 1993 the Postal Service reinstated Madden to employment level EAS-23. (Id. at 8.) Prior to being reinstated, Madden appealed the demotion to the Merit Systems Protection Board ("MSPB") which upheld the demotion. (Id. at 8.) In September 1993 Madden appealed the MSPB decision to the Equal Employment Opportunity Commission ("EEOC") which concurred with the MSPB and found no discrimination. (EEOC's 4/28/94 Decision at 9.) On June 17, 1994 Madden initiated this law suit claiming that his demotion was retaliatory and part of a conspiracy to force him to resign. (See Complaint & attached documents.) Runyon contends that the demotion was not retaliatory but prompted by Madden's "unacceptable" performance ratings. (Def.'s Motion for Summary Judgment at 6-7.)

 Madden's complaint is a single paragraph that states:

 
From 1979 to the present, my Civil Rights have been violated relative to Age, Reprisal, & Disability Discrimination, including Title 42 USC 1983; Title 38 USC 2014; Title 5 CFR 720; Whistleblowing Act; Freedom of Information Act/Privacy Act (5 USC 552); Defamation of Character, slander and libel; Misuse of the legal process; Interference with personal rights, causing mental suffering and bodily injury; and a conspiracy to deprive me of Civil rights including freedom from fear, harassment and injury in my employment which has been inflicted to force me to resign from the U.S. POSTAL SERVICE.

 (Complaint at 1-2.) Madden seeks dismissal of all false charges against him, placement at his "correct" employment status retroactive to 1980, full disclosure of all relevant information, testimony of employees under oath, compliance with the Vietnam Era Veteran's Readjustment Assistance Act, and $ 10,000,000 in damages. (Complaint at 2.) *fn1" Relying on Madden's complaint, the documents attached to it, the excerpts from Madden's deposition attached to Runyon's motion for summary judgment, and Madden's answers to Runyon's interrogatories, I interpret Madden's complaint to allege ten causes of action: a Title VII claim; an ADEA claim; a Rehabilitation Act claim; a 42 U.S.C. § 1983 claim; a VEVRA claim; a WPA claim; a FOIA claim; a Privacy Act claim; a defamation, libel, and slander claim; and a misuse of legal process claim. Although Madden's claims appear to focus primarily on the demotion he received in June 1992, during his deposition Madden explained that his "discrimination" claims are also based on a) his denial of opportunity to be team leader in 1984, b) his denial of promotion in 1981, and c) his ...


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