Filed Date: March 4, 2025
Case Ongoing
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This case challenged the legality of the Federal Emergency Management Agency’s (FEMA) February 11, 2025, firing of FEMA's Chief Financial Officer (CFO). (To see the Clearinghouse's collection of civil-service-related legal challenges to actions by the second Trump administration, click here.)
On March 4, 2025, the plaintiff sued FEMA and the U.S. Department of Homeland Security (DHS) after FEMA fired her—without notice—from her position as CFO, even though the plaintiff had no disciplinary history. On the same day, DHS issued a press release claiming that the plaintiff was fired “for circumventing leadership to unilaterally make egregious payments for luxury NYC hotels for migrants.” Represented by the law firm Mark S. Zaid, P.C. and State Democracy Defenders Fund, the plaintiff brought this lawsuit in the United States District Court for the District of Columbia under the Privacy Act. The plaintiff claimed that her termination and DHS’s press release violated the Privacy Act because the defendants disseminated false and defamatory information without authorization. The plaintiff alleged financial and professional harm and sought declaratory relief, monetary damages, attorneys’ fees, and any other appropriate relief.
The case was assigned to Judge Ana C. Reyes.
After an extension, the government's response to the plaintiff's complaint was due May 26, 2025. However, on May 24, the government filed a notice, informing the court of its intention to file a motion to dismiss. The government anticipated supporting its motion based on three arguments: First, the plaintiff failed to plausibly allege that the information disclosed was in a "system of records" as required by the Privacy Act. Second, the plaintiff cannot "collaterally challenge her termination through the Privacy Act" as the government claimed the plaintiff attempted to do through her "failure to maintain" claims. Third, the plaintiff pleaded no facts showing that she suffered any economic or pecuniary loss as required by the Privacy Act.
This case is ongoing.
Summary Authors
Sylvia Al-Mateen (4/23/2025)
Jeremiah Price (6/5/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69702272/parties/comans-v-department-of-homeland-security/
Eisen, Norman Larry (District of Columbia)
Mays, Tianna Jade (District of Columbia)
Moss, Bradley Prescott (District of Columbia)
Null, Taryn Wilgus (District of Columbia)
Bardo, John (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69702272/comans-v-department-of-homeland-security/
Last updated Aug. 22, 2025, 12:18 a.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)
Key Dates
Filing Date: March 4, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Former CFO of FEMA.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal Emergency Management Agency (FEMA) (- United States (national) -), Federal
U.S. Department of Homeland Security (DHS) (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Presidential/Gubernatorial Authority: