United States District Court, D. South Dakota, Western Division
JEFFREY L. VIKEN CHIEF JUDGE
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.
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
Fraud and misappropriation of tax dollars;
Reprisal for filing Equal Employment Opportunity Commission
Identity theft; and
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
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).
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. ...