THE Office of the Attorney General, through Assistant AG Alison Nelson, has asked the Superior Court to dismiss the lawsuit of Robert Edward Mang III, who is seeking an award of damages, among other things, under the Americans with Disabilities Act, against Presiding Judge Roberto Camacho Naraja.
Nelson, who represents Judge Naraja, said the complaint must be dismissed in its entirety.
“First, plaintiff failed to present his claims to the Attorney General prior to filing his lawsuit in the Superior Court. Plaintiff thereby failed to exhaust his administrative remedies under the Government Liability Act. As such, for those claims that fall under the GLA, this court lacks subject-matter jurisdiction under Rule 12(b)(1),” Nelson said in a 22-page motion to dismiss.
“In addition, plaintiff himself served the Presiding Judge and the Office of the Attorney General in violation of Rule 12(b)(5), and the court therefore lacks personal jurisdiction over the Presiding Judge under Rule 12(b)(2),” she added.
Finally, the complaint’s “disjointed, rambling, confusing, desultory, and inconsistent statements and conclusions fail to allege sufficient facts to support the claims,” Nelson said.
She added that Mang’s complaint fails to state a claim upon which relief can be granted.
“In particular, he fails to allege that he suffered an adverse employment action because of a disability for his ADA and Section 504 of Rehabilitation Act claims; fails to allege breach or damages for his breach of contract claim; fails to allege severe distress for his intentional infliction of emotional distress; and fails to allege illness or bodily harm for his negligent infliction of emotional distress claims,” Nelson said.
Mang, who filed the complaint on Dec. 29, 2022, was Judge Naraja’s law clerk from October 2020 to October 2021.
Mang’s lawsuit alleges violations of the ADA, breach of contract, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Mang, who represents himself, is asking the court for an order awarding him unspecified amount of damages, and legal costs.
His complaint also alleges “extensive spying” against him. He said it started as “work-from-home monitoring in or about June 2021 and is still ongoing despite my clerkship concluding in October 2021.”
He alleged that the presiding judge spied on him by remotely accessing his work and personal laptops, emails, and other electronic media and communications platforms, during and after the expiration of his employment.
He further alleged that the presiding judge “tricked” his parents into participating in the spying, “which is in violation of the Americans with Disabilities Act.”
Mang also said that the presiding judge “breached plaintiff’s employment contract by untimely reimbursing plaintiff’s expatriation and repatriation costs.”
According to his complaint, in February 2015, he fell and hit his head on the Metro’s train tracks in Washington, D.C. sustaining a traumatic brain injury or TBI, more commonly known as brain damage.
“I was in the regular hospital for roughly two weeks afterwards and transferred to inpatient,” he said.
Mang said he filed a complaint with the Equal Employment Opportunity Commission, and received a right to file charge on March 28, 2022, but the “EEOC will not pursue further investigation.”
Mang is currently residing in Maryland and is not licensed to practice law in any jurisdiction.
