Opinion

Frey v. Dejoy

Court
District Court, S.D. Ohio
Filed
Feb 4, 2025
Cited by
0 cases
Authority
More cited than 33.9%

“A suit against an individual in his official capacity is the equivalent of a suit against the governmental entity”

How later courts described this case

  • “A suit against an individual in his official capacity is the equivalent of a suit against the governmental entity”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

REGINALD FREY,

Plaintiff, Case No. 3:22-cv-331

vs.

LOUIS DEJOY, District Judge Michael J. Newman

United States Postmaster General,

Defendant.

______________________________________________________________________________

ORDER: (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

(Doc. No. 27); (2) DISMISSING PLAINTIFF’S CLAIMS AS BARRED BY RES

JUDICATA; (3) DIRECTING THE CLERK OF COURT TO ENTER JUDGMENT IN

DEFENDANT’S FAVOR; AND (4) TERMINATING THE CASE ON THE DOCKET

______________________________________________________________________________

Plaintiff Reginald Frey, a former employee of the United States Postal Service, brings this

case pro se, raising claims of discrimination based on his race, sex, religion, and disability, and a

claim of retaliation, in violation of his rights under 42 U.S.C. §§ 2000e, et seq., and 29 U.S.C.

§§ 791, et seq.1 See Doc. No. 3 at PageID 33-34. Plaintiff also seeks to challenge, pursuant to 5

U.S.C. § 7703(B)(2), the Merit System Protection Board’s decision concerning his formal

complaint of discrimination. Id. The case is pending upon Defendant’s motion for summary

judgment (Doc. No. 27), to which Plaintiff has not responded.

I.

Plaintiff’s complaint concerns the same events and discrimination/retaliation claims he

included in a previously filed pro se complaint against the Postal Service. Compare Reginald Frey

1 Plaintiff’s complaint asserts claims against Postmaster General Louis DeJoy in his official capacity. Doc.

No. 3 at PageID 54. Thus, Plaintiff, in effect, asserts his claims against the Postal Service. See Matthews

v. Jones, 35 F.3d 1046, 1049 (6th Cir. 1994) (“A suit against an individual in his official capacity is the

equivalent of a suit against the governmental entity”); see also Alkire v. Irving, 330 F.3d 802, 810 (6th Cir.

2003).

v. Louis DeJoy (“Frey I”), No. 3:22-cr-232 (Doc. No. 3) with Reginald Frey v. Louis DeJoy (“Frey

II”), No. 3:22-cv-331 (S.D. Ohio) (complaint filed Aug. 15, 2022) (Doc. No. 2). In that prior-filed

case—Frey I—this Court granted Defendant’s motion for summary judgment on January 31, 2025.

Doc. No. 28.

In the instant case—Frey II—Defendant’s motion for summary judgment identifies the

same problems with Plaintiff’s case and leads to the same conclusions the Court reached in Frey

I—i.e., no genuine disputes exist over any material factual issues and Defendant is entitled to

summary judgment in its favor. Consequently, for the reasons set forth in the Court’s Order in

Frey I (Doc. No. 28), the Court GRANTS Defendant’s motion for summary judgment in the

instant case, Frey II.

In addition, the Court finds that that res judicata bars Plaintiff’s claims in the instant case,

including the claims he raised in Frey I or any claims he could have raised in Frey I but did not.

Cf. Turner v. Mercedes-Benz USA, LLC, No.3:24-cv-167, 2024 WL 4817488, at *2 (S.D. Ohio

2024) (finding res judicata bars claims when “it is clear and beyond dispute that [the plaintiff’s]

claims have been previously litigated between the parties or could have been litigated between

them”).

II.

For the above reasons, Defendant’s motion for summary judgment is GRANTED, and

Plaintiff’s claims are DISMISSED on the merits as barred by res judicata. The Clerk of Court is

DIRECTED to enter judgment in Defendant’s favor. The case is TERMINATED on the docket.

IT IS SO ORDERED.

February 4, 2025 s/Michael J. Newman

Michael J. Newman

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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