Mitchell v. DeJoy
- Summarized by Leo Weiss , Office of the U.S. Trustee
- 1 year 3 weeks ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 24-3039 (10th Circuit, Jan 27,2025) Not Published
- Tag(s):
-
- Ruling:
- Appellant's suit against the United States Postal Service, under Rehabilitation Act, 29 U.S.C. § 794, was properly dismissed by the district court where she had failed to disclose her claim as an asset in her Chapter 13 bankruptcy. The Circuit Court agreed that judicial estoppel barred the claim where the vague disclosure of a "wage class action lawsuit" in her amended schedules was inadequate disclosure of her claims for disability discrimination and retaliation.
- Procedural context:
- The Appellant, Andrea Mitchell, appealed from the district court's dismissal of he case against the United States Postal Service for disability discrimination and retaliation premised upon her failure to adequately disclose this claim in her Chapter 13 bankruptcy case filings. On the Service's motion to dismiss, the Court held that judicial estoppel barred this claim. Mitchell appealed from that dismissal arguing that judicial estoppel was inapplicable. The Tenth Circuit affirmed the district court.
- Facts:
- Mitchell had been employed as a forklift operator by the United States Postal Service. In September 2021 she asked for accommodation for an alleged disability. She alleges that the Service refused to accommodate her disability, refused to bargain with her about her claim, placed her on unpaid leave and then terminated her employment. In June 2022, she filed suit under the Rehabilitation Act with the Equal Employment Opportunity Commission alleging disability discrimination and retaliation. In November 2022, she filed a Chapter 13 bankruptcy in which she indicated that she had not claims against third parties. In December 2022, she filed amended schedules indicating that she had a "wage class action" against an undisclosed party. On June 6, 2023, the bankruptcy court confirmed Mitchell's Chapter 13 plan.
On June 20, 2023, the bankruptcy court granted Mitchell's application to hire litigation counsel to prosecute a civil action of an undisclosed nature. . On June 29, 2023, she filed suit against the Service in the U.S. District Court for disability discrimination and retaliation. The Service filed a motion to dismiss under Fed.R.Civ.Pro. 12(b)(6) premised upon the claim being barred by judicial estoppel due to Mitchell's inadequate disclosure of the pertinent claims in her bankruptcy filings. The District Court agreed and dismissed the case. An appeal to the Tent Circuit followed.
- Judge(s):
- Phillips, Carson and Federico
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