Case: Comans v. Department of Homeland Security

1:25-cv-00624 | U.S. District Court for the District of District of Columbia

Filed Date: March 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

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 hist…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69702272/parties/comans-v-department-of-homeland-security/


Attorney for Plaintiff

Eisen, Norman Larry (District of Columbia)

Mays, Tianna Jade (District of Columbia)

Moss, Bradley Prescott (District of Columbia)

Null, Taryn Wilgus (District of Columbia)

Attorney for Defendant

Bardo, John (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00624

Complaint

March 4, 2025

March 4, 2025

Complaint

Docket

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.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mary Comans ( Filing fee $ 405 receipt number ADCDC-11517959) filed by Mary Comans. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons - DHS, # 3 Summons Summons - FEMA, # 4 Summons Summons - USAO DC, # 5 Summons Summons - AG)(Zaid, Mark) (Entered: 03/04/2025)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Summons Summons - DHS

View on PACER

3 Summons Summons - FEMA

View on PACER

4 Summons Summons - USAO DC

View on PACER

5 Summons Summons - AG

View on PACER

March 4, 2025

March 4, 2025

Clearinghouse
2

SEALED DOCUMENT filed by Mary Comans(This document is SEALED and only available to authorized persons.)(Zaid, Mark) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER
3

SUMMONS (4) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER
4

NOTICE of Appearance by Bradley Prescott Moss on behalf of MARY COMANS (Moss, Bradley) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER
5

NOTICE of Appearance by Norman Larry Eisen on behalf of MARY COMANS (Eisen, Norman) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

PACER

Case Assigned/Reassigned

March 4, 2025

March 4, 2025

PACER

Case Assigned to Judge Ana C. Reyes. (zjd)

March 4, 2025

March 4, 2025

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/4/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/3/2025. (Attachments: # 1 Exhibit 1 - Proof of Service USAO DC)(Zaid, Mark) (Entered: 03/16/2025)

March 16, 2025

March 16, 2025

PACER
7

NOTICE of Appearance by Tianna Jade Mays on behalf of All Plaintiffs (Mays, Tianna) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
8

MOTION for Extension of Time to Respond to the Complaint by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
9

STANDING ORDER. The Court hereby ORDERS the parties to comply with its Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 05/05/2025. (lcacr2) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER

Order on Motion for Extension of Time to

May 5, 2025

May 5, 2025

PACER

MINUTE ORDER. Upon consideration of Defendants' 8 Motion for Extension of Time to Respond to the Complaint, the Court GRANTS it in part and DENIES it in part. Defendants shall respond to Plaintiff's 1 Complaint on or before May 26, 2025.Moving forward, the Court expects the parties to comply with the 9 Standing Order's rules and deadlines, including the requirement that extension motions be filed at least four days in advance of the relevant deadline. Signed by Judge Ana C. Reyes on 05/05/2025. (lcacr2)

May 5, 2025

May 5, 2025

PACER

Set/Reset Deadlines/Hearings: Answer to complaint due by 5/26/2025. (zcdw)

May 6, 2025

May 6, 2025

PACER

Set/Reset Deadlines/Hearings

May 6, 2025

May 6, 2025

PACER
10

NOTICE Requesting a Pre-motion Conference by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (Bardo, John) (Entered: 05/24/2025)

May 24, 2025

May 24, 2025

RECAP
11

NOTICE of Appearance by Taryn Wilgus Null on behalf of MARY COMANS (Null, Taryn) (Main Document 11 replaced on 6/3/2025) (zdp). (Entered: 06/02/2025)

June 2, 2025

June 2, 2025

RECAP
12

RESPONSE re 10 TO DEFENDANTS NOTICE REQUESTING A PRE-MOTION CONFERENCE filed by MARY COMANS. (Null, Taryn) Modified to add link on 6/3/2025 (zdp). (Entered: 06/02/2025)

June 2, 2025

June 2, 2025

RECAP

Notice of Hearing

July 17, 2025

July 17, 2025

PACER

NOTICE of Hearing: Pre-motion Conference set for 8/6/2025 at 2:30 PM in Courtroom 12 before Judge Ana C. Reyes. (zcdw)

July 17, 2025

July 17, 2025

PACER

Pre-motion Conference AND ~Util - Set/Reset Deadlines

Aug. 6, 2025

Aug. 6, 2025

PACER

Minute Entry for proceedings held before Judge Ana C. Reyes: Pre-motion Conference held on 8/6/2025. Parties directed to file a Joint Status Report by 9/5/2025. (Court Reporter: Chandra Kean) (zcdw)

Aug. 6, 2025

Aug. 6, 2025

PACER
13

TRANSCRIPT OF STATUS CONFERENCE PROCEEDINGS before Judge Ana C. Reyes held on August 6, 2025; Page Numbers: 1-13. Date of Issuance: August 18, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Email: chandra_kean@dcd.uscourts.gov; Telephone: 202-354-3404. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/8/2025. Redacted Transcript Deadline set for 9/18/2025. Release of Transcript Restriction set for 11/16/2025.(Kean, Chandra) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

PACER

Case Details

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):

Private Plaintiff

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):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Privacy Act, 5 U.S.C. § 552a

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Records Disclosure

Presidential/Gubernatorial Authority:

Access to information systems

Civil Service