Dees

ORDER GRANTING DEPARTMENT OF LABOR’S AND DEPARTMENT OF JUSTICE’S MOTIONS TO DISMISS

The Department of Labor Defendants’ and the Department of Justice Defendants’ motions to dismiss are presently before the Court. After careful review of the parties’ papers, Plaintiffs complaint and applicable case law and statutory authority, the Court hereby grants in part the Department of Labor Defendants’ and the Department of Justice Defendants’ motions to dismiss with prejudice and grants in part the Department of Labor Defendants’ and the Department of Justice Defendants’ motions to dismiss without prejudice.

BACKGROUND

From 1976 to 1985, Plaintiff was employed as a groundsworker at California State University, Hayward (“CSU”). In 1983, Plaintiff began experiencing disputes with his supervisors.

On November 15, 1983, CSU determined that Plaintiff was currently unable to carry out the normal duties of his assignment as groundsworker and placed Plaintiff on leave until he could submit a medical release confirming his ability and willingness to perform his assignments under normal working conditions.

Plaintiff eventually exhausted his' leave credits and oh March 8, 1984, CSU informed…