Bunn v. Washington Metropolitan Area Transit Authority et al, No. 1:2009cv01334 - Document 17 (E.D. Va. 2010)
Court Description: MEMORANDUM OPINION re: Motion to Dismiss. See Order for specific details. Signed by Magistrate Judge Theresa Carroll Buchanan on 04/12/2010. (mpee, )
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II L E APR I 2 2010 UNITED FOR THE STATES EASTERN DISTRICT DISTRICT Alexandria Edward CLERK, U.S. DISTRICT COURT ALEXANDRIA. VIRGINIA COURT OF VIRGINIA Division Bunn, Plaintiff, ) v. Civil Action No. l:09cvl334 Washington Metropolitan Area Transit Authority et al.. ) Defendants. Memorandum Opinion THIS MATTER came Metropolitan Area {Dkt. 2). following The Transit Court has agrees claims a agents Kervin, of 115 F.2d WMATA immune 133 the is is from suit the on defendant Washington ("WMATA") Motion to pleadings and makes Dismiss the A/orris that holds intra-corporate conspiracy doctrine between scope of 1251-52 534, from of 58, a 71 under 2001) immunity); the federal state. same their WMATA, 1985); sovereign as Will Lizzi v. F.2d 218 immunity employees See Buschi v. against WMATA. claims because Mich. Dep't that state agencies Alexander, as a 255 on WMATA's (D.C. v. State Bank v. law and plaintiff's discrimination See its Bowman Thus, dismissed DC Circuit 781 and employment. (holding 1983); (following v. company 540-41(1985). (1989) § a (4th Cir. appropriately immune U.S. (4th Cir. the 1240, immunity 491 WMATA reviewed that 229 Va. conspiracy claim Police, Court Authority's conspiracy acting within of Keysville, enjoys the findings: Plaintiff bars before Cir. state it of State F.3d are 128, sovereign 1986) (holding agency). Thus, the federal sovereign are law discrimination immunity, appropriately Negligent discretionary these 428, 432 Cir. 1997). dismissed by its 80. (D.C. Cir. Thus, Operating WMATA the parties 112 that tort November 16 WMATA. The those claims 80; (D.C. a is tort law claims described punitive appropriate ENTERED this in Order all from WMATA, 112 F.3d core suit 205 on F.3d 1217 (D.C. discipline, Thus, and arising of 12th day of April, WMATA Compact also arising described in 17 is agrees with applies prior also to to paragraphs 30, 38, § v. dismissed through committed Burkhart limitations claims demand be See after November paragraphs shall torts function. appropriately damages all Plaintiff claims are for functions. statute those complaint, liable 1997). against WMATA. the v. training, proprietary Cir. two-year namely claims appropriately dismissed. such 2007, are immune WMATA, hiring, bus 1217 is Jones v. proprietary Plaintiff's An § that WMATA is discrimination supervision WMATA Burkhart are all Virginia's of thus, plaintiff's barred by WMATA's federal and during a claims through 2000); agree F.3d 30, and are against WMATA. See WMATA Compact employees WMATA, as training, functions supervision claims The and plaintiff s hiring, claims. claims 12 against 2007, remain namely intact. stricken. issued. 2010. /s/ THERESA UNITED Alexandria, Virginia CARROLL STATES BUCHANAN MAGISTRATE JUDGE
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