United States District Court, W.D. Kentucky, Louisville
ANTHONY A. KUKLINSKI PLAINTIFF
STEVEN MNUCHIN, United States Secretary of the Treasury DEFENDANT
Charles R. Simpson III, United States District Court Senior
matter is before the Court on the partial motion of Defendant
Steven Mnuchin, United States Secretary of the Treasury
(“the Secretary”) to dismiss the amended
complaint, ECF No. 90. Plaintiff Anthony A. Kuklinski
responded, ECF No. 93. The Secretary replied, ECF No. 94. For
the reasons explained below, the Court will grant the
Secretary's partial motion to dismiss.
Allegations in the Amended Complaint
apparently is an Inspector with the United States Mint Police
at the United States Bullion Depository in Fort Knox,
Kentucky. Am. Compl. ¶ 1, ECF No. 83. He has been with
the United States Mint Police since 1990. Id. ¶
7. He worked at Fort Knox between 1990 and 2000. Id.
He returned to Fort Knox in 2004 and has worked there since
the period of time relevant to the amended complaint,
Kuklinski directly supervised approximately 60 people, most
of whom were subordinate officers. Id. ¶ 8. In
his supervisory capacity, Kuklinski was responsible for
determining whether to discipline an officer in his command
who had been accused of sexually harassing another
subordinate officer. Id. ¶ 10.
2008, a female subordinate officer approached Kuklinski and
complained that a male subordinate officer (“the
accused officer”) was sexually harassing her.
Id. ¶ 9. During the ensuing investigation of
her claims, Kuklinski learned that the accused officer had
used the United States Bullion Depository cameras to track
the female officer's movements, placed recording devices
around the facility to capture her conversations, maintained
a journal in his locker detailing fantasies of murdering her,
surveilled her from under her porch at her residence in a
rural area, and otherwise spied on her. Id. ¶
11. As a result of his investigation, Kuklinski recommended
that the accused officer be removed from his position at the
United States Mint Police. Id. ¶ 12. He also
advised the female officer that she could seek the assistance
of an EEO counselor to remedy any adverse effect that she had
perceived in the workplace. Id.
female officer later filed a formal EEO complaint.
Id. ¶13. The EEO investigator investigating her
complaint requested that Kuklinski provide a declaration
under oath. Id. Kuklinski did so on February 10,
2011. Id. In his declaration, Kuklinski acknowledged
that he had notified the United States Mint headquarters
regarding his concerns of a potentially hostile work
environment for the female officer. Id. ¶ 14.
He also noted in his declaration that he encouraged the
female officer to contact an EEO counselor and had contacted
Deborah Hayes at the EEO headquarters to explain the female
officer's situation. Id.
to Kuklinski, his superiors at the United States Mint Police
took several actions to protect the accused officer, to
intimidate the female officer, to suppress Kuklinski's
criticism of the accused officer, and to disregard his
recommendation that the accused officer be removed from his
position. Id. ¶ 15. For example, the female
officer became the subject of an internal administrative
investigation in which she was falsely accused of lying to
authorities in a civil case. Id. ¶ 16. She
claimed that the accused officer had initiated the
investigation in reprisal for her filing an EEO complaint
regarding the alleged harassment. Id.
the EEO investigation of the female officer's complaint,
the United States Mint also investigated Kuklinski for having
an “inappropriate social relationship” with the
female officer. Id. ¶ 17. This investigation
caused Kuklinski and his spouse to experience stress.
Id. This investigation, however, was found to be
unsubstantiated. Id. ¶ 18.
April 2011, the Treasury's OIG and Office of Personnel
Management placed Kuklinski under investigation for
“possible misconduct” regarding activities that
developed during his routine security clearance update.
Id. ¶ 19. If true, the possible misconduct
could have jeopardized his security clearance. Id.
During the investigation, Kuklinski was removed from his
position as an inspector and placed in an administrative
position. He was also removed from the United States
Mint's main building and relocated to a work bench in the
maintenance building. Id. Kuklinski was eventually
moved to the maintenance building's “break
November 2011, Kuklinski's superiors at the United States
Mint Police notified him that his access to classified
information and security clearance were officially suspended.
Id. ¶ 20. They allegedly had delayed
reinstating his security clearance to prolong Kuklinski's
exposure to the “break room.” Id. ¶
the intervention of counsel for Kuklinski, his superiors
reinstated his security clearance. Id. ¶ 23. In
March 2012, Lester Letch, Assistant Director for Security,
notified Kuklinski that the suspension of his access to
classified information was rescinded and that his security
clearance had been restored. Id. Kuklinski's
supervisory authority, however, was not restored.
Id. Kuklinski was then moved into a storage room in
the maintenance building, and an office was apparently set up
for him. Id.
same day that Kuklinski's security clearance was
reinstated, United States Mint Police Deputy Chief Bill
Bailey notified Kuklinski that he would be directly
reassigned from his current duty location at the United
States Bullion Depository in Fort Knox to the United States
Mint Headquarters in Washington, D.C. in May 2012.
Id. ¶ 24. Bailey ...