Singletary v. Howard University, No. 18-7158 (D.C. Cir. 2019)Annotate this Case
After the University terminated plaintiff, she filed suit under the False Claims Act's (FCA) anti-retaliation provision. The DC Circuit reversed the district court's dismissal of the action and held that the district court's decision reflected too narrow a view of the Act's protection for whistleblowers.
The court held that the complaint sufficiently alleged that plaintiff's actions were undertaken to try to prevent what she reasonably believed would be the presentation of false claims by the University regarding the conditions of laboratory animals. The court held that the district court erred by defining protected activity as requiring plaintiff to have investigated matters that reasonably could lead to a viable FCA case, which only applied to the first prong of Section 3730(h)(1), but not the second prong. Furthermore, the district court wrongly required plaintiff to allege that her efforts were outside the scope of her responsibilities as Attending Veterinarian. The court also held that plaintiff adequately alleged termination of her position, the University's awareness of her protected activity, and facts connecting her termination to that protected activity.