Bennett v. Hall

Background

Kathleen A. Bennett, who was representing herself, paid the filing fee to start the case. On August 3, 2023, the court ordered her to file an amended complaint and, among other things, to name Internal Revenue Service Commissioner Danny Werfel as the sole defendant. Bennett filed an amended complaint on August 16, 2023, but also named Nicole R. Hall, identified as her immediate supervisor.

Claims Against Hall

The court stated that Bennett’s claims under the Rehabilitation Act of 1973 and the Age Discrimination in Employment Act of 1967 cannot be brought against Hall because those statutes do not provide claims for discrimination or retaliation against individual employees. The court therefore dismissed Bennett’s claims against Hall for failure to state a claim on which relief may be granted. It directed the Clerk of Court to terminate Hall as a defendant.

Claims Against Werfel and Service

The court directed the Clerk to issue a summons for Werfel. Bennett must serve Werfel with the summons and amended complaint within 90 days after the summons is issued. If she does not serve Werfel or request an extension within that period, the court stated that it may dismiss the claims against him for failure to prosecute under Rules 4 and 41 of the Federal Rules of Civil Procedure. The opinion does not decide the merits of Bennett’s claims against Werfel.

Disposition

Judge Cathy Seibel dismissed the claims against Hall, terminated Hall as a defendant, and ordered issuance of a summons for Werfel. The order did not dismiss the claims against Werfel.