D.C. Retirement Board wins dismissal in whistleblower case
Clients District of Columbia Retirement Board
A D.C. Superior Court judge granted Jones Day's motion to dismiss a whistleblower action on behalf of the District of Columbia Retirement Board ("DCRB") and its Chair of the Board of Trustees, Joseph W. Clark. The DCRB is an independent agency of the District of Columbia government and has the exclusive authority to manage and control an $11+ billion pension fund for the District of Columbia police officers, firefighters and teachers. The lawsuit was filed by DCRB's general counsel, who asserted a D.C. Whistleblower Protection Act claim, obstruction of justice claim, and a number of common law tort claims against DCRB and/or Mr. Clark.
The court agreed with Jones Day's arguments that the plaintiff did not allege any protected disclosure and also did not allege that any protected disclosure was a contributing factor in the decision to place the plaintiff on administrative leave. The court dismissed the obstruction of justice claim for lack of standing and failure to state a claim, and dismissed the common law claims due to plaintiff's failure to exhaust her administrative remedies. The court also determined that the plaintiff conceded defendants’ substantive arguments on the common law claims when she failed to respond to them.
Sampson v. D.C. Ret. Bd., et al., No. 2021 CA 004942 (Super. Ct. D.C.)