Kaswatuka v. Department of Homeland Security, No. 20-10632 (5th Cir. 2021)
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The Fifth Circuit affirmed the district court's grant of summary judgment against plaintiff in her employment discrimination action. Plaintiff filed suit against DHS, alleging claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and 42 U.S.C. 1983. DHS filed a motion to dismiss for lack of subject-matter jurisdiction and for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). After plaintiff did not file a response, the district court granted DHS's motion.
The court concluded that plaintiff's arguments unrelated to the grounds on which her claims were dismissed are waived. The court also concluded that plaintiff cannot proceed with a Rehabilitation Act claim as it is precluded by the Aviation and Transportation Security Act (ATSA); the district court properly determined that plaintiff's section 1983 claim is preempted by Title VII; and, because plaintiff failed to name the Acting Secretary of the Department of Homeland Security as a defendant, the district court had no alternative but to dismiss the case for lack of a proper party defendant.
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