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Wiley v. Paulson

United States Court of Appeals, Fifth Circuit
Apr 16, 2009
329 F. App'x 512 (5th Cir. 2009)

Summary

affirming district court's finding that the plaintiff could not assert previously settled claims

Summary of this case from Ogbogu v. Navin

Opinion

No. 08-10806 Summary Calendar.

April 16, 2009.

Judy A. Wiley, Dallas, TX, pro se.

Mark Timothy Pittman, U.S. Attorney's Office, Fort Worth, TX, for Defendants-Appellees.

Appeal from the United States District Court for the Northern District of Texas.

Before KING, DENNIS, and OWEN, Circuit Judges.


Pro-se Plaintiff Judy A. Wiley ("Plaintiff") brought this employment discrimination suit against Defendants Henry M. Paulson, Theodore L. Reis, and Barbara Lee (collectively "Defendants") in their individual and official capacities with the Internal Revenue Service. Plaintiff alleged that Defendants violated Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and the Family Medical Leave Act, 29 U.S.C. § 2611. Defendants moved for summary judgment, asserting that Plaintiff waived her right to bring this suit by settling these claims during an administrative proceeding before the Equal Employment Opportunity Commission ("EEOC"). Plaintiff did not dispute that she had entered into a settlement during the EEOC proceeding, but she argued that summary judgment was improper because Defendants had not fulfilled their obligations under the settlement agreement. The district court reasoned that while Defendants' alleged failure to perform their settlement obligations might give Plaintiff a claim for breach of contract, it did not revive her settled claims. Thus, the district court granted summary judgment in favor of Defendants. Plaintiff timely appealed.

For essentially the same reasons stated by the district court, we affirm the grant of summary judgment in favor of Defendants. Plaintiff voluntarily settled her claims and may not renounce her settlement agreement to bring suit for additional relief. If Defendants have not fulfilled their obligations under the settlement agreement, Plaintiff may have a claim for breach of contract. In the instant suit, however, Plaintiff has not even obliquely alleged a breach of contract claim, so even under a liberal interpretation of Plaintiff's pleadings no breach of contract claim is before this court. Accordingly, we AFFIRM the district court's grant of summary judgment.


Summaries of

Wiley v. Paulson

United States Court of Appeals, Fifth Circuit
Apr 16, 2009
329 F. App'x 512 (5th Cir. 2009)

affirming district court's finding that the plaintiff could not assert previously settled claims

Summary of this case from Ogbogu v. Navin

agreeing with the district court that "while [d]efendants' alleged failure to perform their settlement obligations might give [p]laintiff a claim for breach of contract, it did not revive her settled claims."

Summary of this case from Ogbogu v. Navin

stating that an alleged breach does "not revive . . . settled claims."

Summary of this case from Ogbogu v. Navin
Case details for

Wiley v. Paulson

Case Details

Full title:Judy A. WILEY, Plaintiff-Appellant v. Henry M. PAULSON, Jr., et al.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 16, 2009

Citations

329 F. App'x 512 (5th Cir. 2009)

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