Neely v. Blumenthal

OPINION

SIRICA, District Judge.

The question presented in this case, a federal employment discrimination suit raising related Title VII and constitutionally-based damage claims, is the scope of the exclusivity rule laid down in Brown v. General Services Administration, 425 U.S. 820, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976). In particular, the question is whether Brown, in addition to preempting non-Title VII employment discrimination claims brought against federal employers in their official capacities, also extinguishes ancillary damage claims that are based on Bivens v. Six Unknown Named Agents…