Thomas v. Napolitano

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BURT R. THOMAS, Plaintiff, v. JEH JOHNSON, Secretary, U.S. Civil Action No. 13-359 (GK) Department of Homeland Security, Defendant. MEMORANDUM OPINION Plaintiff Burt Thomas ("Thomas" or "Plaintiff") brings this Title VII action against Jeh Johnson, the Secretary of the Department of Homeland Security (the "Secretary" or "Defendant"), claiming that he was removed from his position at the Federal Emergency Management Agency ("FEMA" or "the Agency") on the basis of his race. This matter is before the Court on the Secretary's Motion for Judgment on the Pleadings [Dkt. No. 19]. Upon consideration of the Motion, Opposition [ Dkt. No. 22] , and Reply [ Dkt. No. 29], the entire record herein, and for the reasons stated below, the Secretary's Motion is denied. I. BACKGROUND 1 For purposes of this Motion, the facts can be stated briefly. Plaintiff, who is African American, is an employee of FEMA, a component of the Department of Homeland Security ("DHS"). Starting in February, 2011, Plaintiff held the position of Chief Security Officer. Am. Compl.