Lawrence Irwin, et al. v. Department of Energy, et al.

Summary

The United States District Court for the Eastern District of Tennessee grants defendants’ motion to dismiss an employment-related action brought by Lawrence Irwin against the Department of Energy and related defendants. The opinion addresses claims for intentional infliction of emotional distress, age discrimination and retaliation under the ADEA, and alleged failures concerning a FOIA request. The court concludes that the claims are improperly asserted, preempted, or barred by failures to timely exhaust administrative remedies.

Holdings

1. A suit under the FTCA against the Department of Energy, the National Nuclear Security Administration, the Office of Secure Transportation, or the EEOC is improper because the FTCA's remedy is an action against the United States, not the federal agency in its own name.
2. The IIED claim against Cloke was preempted by the ADEA because Irwin alleged no personal harm or injury distinct from the alleged age discrimination and retaliation.
3. Irwin failed to satisfy either available administrative route for pursuing an ADEA claim and therefore failed to state a timely age-discrimination claim.
4. Irwin failed to state an ADEA retaliation claim because the EEOC documentation did not mention age discrimination and therefore did not exhaust an age-based retaliation claim.
5. An agency's failure to comply with FOIA's twenty-working-day determination deadline permits constructive exhaustion and judicial filing, but does not itself entitle the requester to production of records or provide further procedural relief.
6. Irwin was not entitled to attorney's fees or litigation costs because he did not substantially prevail under FOIA.

Questions Presented

1. Whether the intentional-infliction-of-emotional-distress claim was properly asserted against federal agencies and employees and whether it was preempted by the ADEA.
2. Whether Irwin timely exhausted the administrative prerequisites for an ADEA age-discrimination claim.
3. Whether Irwin exhausted administrative remedies and stated a viable ADEA retaliation claim when the EEOC materials did not identify age discrimination.
4. Whether an agency's failure to meet FOIA's response deadline entitles a requester to immediate production of records or provides a remedy beyond allowing the requester to file suit.
5. Whether Irwin substantially prevailed under FOIA so as to recover attorney's fees and litigation costs.

Disposition

dismissed