Feld, Steven v. Dejoy, Louis et al

Filing 37

ORDER granting 22 Motion to Dismiss Certain Defendants. Signed by District Judge James D. Peterson on 5/9/2024. (lam),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

STEVEN FELD,
Plaintiff,
v.

OPINION and ORDER

LOUIS DEJOY, JAMES BROWN, DAWN
WOLOSZYN, CAMI ROTHERMEL, and UNITED
STATES POSTAL SERVICE,

23-cv-641-jdp

Defendants.
I allowed plaintiff Steven Feld, without counsel, to proceed on disability discrimination
claims under the Rehabilitation Act for damages and injunctive relief against defendants
United States Postal Service (USPS), Louis Dejoy, James Brown. Dawn Woloszyn, and
Cami Rothermel. Dkt. 13. The USPS, Brown, Woloszyn, and Rothermel have moved to
dismiss, contending that only the United States Postmaster General (Dejoy) is a proper
defendant in a disability discrimination lawsuit against the USPS. Dkt. 22. The Seventh Circuit
has held that “the exclusive remedy for a claim that a federal agency discriminated against a
[disabled] employee . . . is a suit against the agency’s head,” here the Postmaster General.
See McGuinness v. U.S. Postal Serv., 744 F.2d 1318, 1322 (7th Cir. 1984); see also Hamm v.
Runyon, 51 F.3d 721, 722 n.1 (7th Cir. 1995); Hawkes v. U.S. Postal Serv., 979 F.2d 853, at *1
(7th Cir. 1992). Feld responded to the motion to dismiss, Dkt. 28, but his arguments provide
no basis to deny the motion. I will grant the motion to dismiss, with the result that this case
shall proceed against only defendant Dejoy.

ORDER
IT IS ORDERED that:
1. The motion to dismiss of defendants United States Postal Service, Brown,
Woloszyn, and Rothermel, Dkt. 22, is GRANTED.
2. The clerk is directed to remove the United States Postal Service, Brown, Woloszyn,
and Rothermel from this case, and to send plaintiff Steven Feld a copy of this order.
Entered May 9, 2024.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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