Lerner v. D.C.

EMPLOYMENT – RETALIATORY

Lerner v. D.C., 362 F.Supp.2d 149 (D.D.C. Mar.
4, 2005)

A psychologist employed in a District of Columbia mental hospital
filed an action against the District and various hospital officials under
the District’s Whistleblower Act and federal civil rights laws. The psychologist
alleged she was the victim of retaliation after she recommended a conditional
release for a patient who had attempted to assassinate President Reagan in
1981. The District and hospital officials sought summary judgment claiming,
among other things, that they were entitled to qualified immunity, they had
failed to receive notice, and that the statute of limitations had expired.
The United States District Court, District of Columbia, denied summary judgment,
finding these affirmative defenses had been waived when the District and
hospital officials failed to plead them in their previous motions to dismiss
or in their answer to the complaint.