Tweed v. Sessions

Filing 31

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 07/18/2018. (dvanm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division TIMOTHY E. TWEED, Plaintiff, l:17-cv-01417-LMB-JFA V. JEFFERSON B. SESSIONS, III, ATTORNEY GENERAL, Defendant. MEMORANDUM OPINION Timothy E. Tweed ("Tweed" or "plaintiff), a former Firearms Specialist employed by the Federal Bureau of Investigation ("FBI"), in its Quantico, Virginia facility, has filed a four-count Complaint pro se against Jefferson B. Sessions, III, the Attorney General of the United States, ("Sessions" or "defendant") in his official capacity, in which plaintiff alleges to have been the victim of employment discrimination in violation of Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. ("TitleVII")based on his gender (male) andreligion (Pentecostal Christian) and on retaliation for engaging in protected EEO activity (Counts 1and 2, respectively).' Compl. [Dkt. No. 1] 91-100. The Complaint also alleges in Count 3 that defendant violated the Religious Restoration Act, 42 U.S.C. § 2000bb ("RFRA"), id at 101-02, and in Count 4 that defendant inflicted emotional distress and tortiously interfered with prospective economic advantage in violation of Virginia state law, id at 103-10. ' Although Sessions isthe only defendant named in the caption ofthe Complaint, plaintiff lists eleven additional FBIofficials as defendants in the section of the Complaint describing the parties, s^ Compl. [Dkt. No. 1] 3-13; however, throughout the Complaint, plaintiffinconsistently refers to "the defendant" and "the defendants," compare id. at 94, 100, 104-05, 108 ("Defendant") with id. at H92 ("Defendants"). Regardlessofwho is a defendant in this civil action, the Court's analysis of the motions would not change.

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