United States District Court, N.D. Alabama, Southern Division
September 19, 2014
LEROY ANDREW WASHINGTON, Plaintiff,
AT&T INCORPORATED, Defendant.
MADELINE HUGHES HAIKALA, District Judge.
This is an employment discrimination action brought pursuant to Title VII, the Age Discrimination in Employment Act ("ADEA"), 42 U.S.C. § 1981, and 18 U.S.C. § 371 (conspiracy to defraud the United States). Consistent with the Court's discussion on the record during the hearing in this matter on September 18, 2014, the Court grants AT&T's motion to dismiss.
Mr. Washington's federal claims relating to employment actions that occurred before and during 2005 are time-barred. Mr. Washington's federal employment claims also fail because Mr. Washington previously has litigated those claims unsuccessfully in this Court and in the Eleventh Circuit Court of Appeals. See Washington v. Bellsouth Telecomm., Inc., 2:06-CV-1320 (Docs. 64-65); Washington v. BellSouth, No. 07-15815 (11th Cir. July 8, 2008); Washington v. Bellsouth Corp., 2:10-CV-3306 (Doc. 2). Consequently, the doctrine of res judicata bars Mr. Washington's federal employment claims. The Court dismisses those claims for failure to state a cause of action upon which relief may be granted. Fed.R.Civ.P. 12(b)(6).
To the extent that Mr. Washington attempts to assert state law claims pertaining to alleged attorney misconduct, the Court declines to exercise supplemental jurisdiction over those claims. 28 U.S.C. § 1367(c).
For the foregoing reasons, the Court GRANTS AT&T's motion to dismiss (Doc. 9). The Court directs the Clerk to please TERM Doc. 9.
DONE and ORDERED.