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Jenkins v. Wilkie

United States District Court, D. South Dakota, Western Division

August 29, 2018

JOHN PAUL JENKINS, Plaintiff,
v.
ROBERT WILKIE, Secretary of the Department of Veteran Affairs, Veterans Health Administration, [1] Defendant.

          ORDER

          JEFFREY L. VIKEN CHIEF JUDGE

         INTRODUCTION

         Defendant Robert Wilkie, Secretary of the Department of Veteran Affairs filed a motion to dismiss Plaintiff John Jenkins' complaint. (Docket 20). Mr. Jenkins resists defendant's motion. (Dockets 23, 23-1, 25, 25-2, & 31). Mr. Jenkins separately filed a response containing a request for an inference judgment and a second request for an inference judgment. (Dockets 26 & 27). Defendant resists plaintiff's requests. (Docket 30). For the reasons stated below, plaintiff's requests for inference judgments are denied as moot.

         FACTUAL BACKGROUND

         Plaintiff Paul Jenkins, appearing pro se, filed a complaint against Defendant Robert Wilkie, Secretary of the Department of Veteran Affairs. (Docket 1). Plaintiff's handwritten complaint is scant and difficult to decipher, but appears to assert the following claims:

Veterans Administration whistleblower;
Reprisal and threats of work place violence for reporting Health Insurance Portability and Accountability Act ("H.I.P.A.A.") violations;
Fraud and misappropriation of tax dollars;
Reprisal for filing Equal Employment Opportunity Commission ("EEOC") complaints;
Identity theft; and
Insurance fraud.

Id. at p. 3. Without clarifying factual support, these claims and other more generalized claims are advocated in subsequent filings. See Dockets 23-1 and 25-26. While those submissions will not be considered as additional claims, the court will consider them in ruling on defendant's motion.[2]

         Secretary Wilkie moves to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b) for "fail[ing] to state a claim upon which relief may be granted." (Docket 20). The basis for defendant's motion is essentially that Mr. Jenkins' claims were resolved in a settlement agreement of October 1, 2010. (Docket 21 at pp. 4-8).

         The history between Mr. Jenkins and the Veterans' Administration is summarized as follows. Mr. Jenkins, a disabled veteran, was employed at the VA Illiana Health Care System in Danville, Illinois, from October 8, 1987, to October 29, 2010. (Docket 22 ¶ 7). Prior to the end of that employment, Mr. Jenkins filed a complaint of employment discrimination with the VA. (Docket 22-1 at p. 2). A formal complaint was filed with the VA on September 7, 2010, in which Mr. ...


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