Tozer v. Federal Aviation Administration
CourtDistrict Court, District of Columbia
Date FiledNovember 3, 2026
DocketCivil Action No. 2026-0343
JudgeJudge Trevor N. McFadden
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
WILLIAM TOZER,
Plaintiff,
v. Case No. 1:26-cv-00343 (TNM)
FEDERAL AVIATION
ADMINISTRATION,
Defendant.
MEMORANDUM OPINION
William Tozer, proceeding pro se, sues the Federal Aviation Administration for revoking
his conditional job offer. After accepting the offer, he underwent medical testing and
evaluations. The FAA determined that he was medically unfit and revoked his offer. Tozer
appealed the decision through the agency, but the disqualification was sustained. Now he seeks
relief from this Court, alleging that the FAA’s decision violated the Administrative Procedure
Act. But the Civil Service Reform Act (CSRA) provides the exclusive forum to challenge the
FAA’s action, so the Court lacks jurisdiction. Thus, the Complaint will be dismissed without
prejudice.
I.
Tozer applied to be an Air Traffic Control Specialist. See Compl. ¶ 5, ECF No. 1. In
early 2025, Tozer completed the Air Traffic Skills assessment and placed in the “Well Qualified”
category. See id. ¶ 9. Tozer signed his tentative offer letter and received instructions on the
medical clearance process. See id. ¶¶ 9–10. He completed various medical tests and submitted a
variety of medical records. See id. ¶¶ 11–13. In October, he learned that he was medically
disqualified because he did not meet the “mental minimum capacity,” despite his
neuropsychological evaluation finding “no evidence of aeromedically significant neurocognitive
deficits.” Id. ¶¶ 14, 18.
Tozer appealed his disqualification up to the Federal Air Surgeon, but to no avail. See id.
¶¶ 15–17. He also tried the National Transportation Safety Board and the Equal Employment
Opportunity Commission, but they told him that they did not have jurisdiction over his claim.
See id. ¶ 3. Finally, Tozer sued here under the APA, alleging that the FAA made factual errors
in his review process, failed to adequately explain its decision, and acted arbitrarily and
capriciously. See id. ¶¶ 19, 24; 5 U.S.C. § 706(2)(A). The FAA moved to dismiss for lack of
jurisdiction and failure to state a plausible claim of relief. See Mot. to Dismiss at 6, ECF No. 16;
Fed. R. Civ. P. 12(b)(1), (b)(6).
II.
“Federal courts are courts of limited jurisdiction” and therefore “possess only that power
authorized by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S.
375, 377 (1994). So the Court must dismiss any claim over which it does not have subject
matter jurisdiction. Fed. R. Civ. P. 12(b)(1), (h)(3). On a motion to dismiss for lack of subject
matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), the plaintiff bears the burden
of establishing jurisdiction. Georgiades v. Martin-Trigona, 729 F.2d 831, 833 n.4 (D.C. Cir.
1984). The Court accepts all of Tozer’s well-pleaded allegations as true and draws all reasonable
inferences in his favor. See Nat’l Am. Butterfly Ass’n v. Wolf, 977 F.3d 1244, 1249 (D.C. Cir.
2020). And “a dismissal for want of subject-matter jurisdiction can only be without prejudice[.]”
Id. at 1253.
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In applying this standard to pro se litigants like Tozer, the Court must liberally construe
the pleadings, holding them to a less stringent standard than formal pleadings drafted by lawyers.
Erickson v. Pardus, 551 U.S. 89, 94 (2007). Yet pro se litigants must still comply with the
Federal Rules of Civil Procedure. See Jarrell v. Tisch, 656 F. Supp. 237, 239 (D.D.C. 1987).
III.
Tozer invokes 28 U.S.C. § 1331 and the APA as the jurisdictional bases for relief.
Compl. ¶¶ 1–3. The APA lets courts review “final agency action for which there is no other
adequate remedy in court.” 5 U.S.C. § 704. The FAA concedes that its decision was a “final”
action. Mot. to Dismiss at 6. But the agency correctly points out that its decision is not the right
type of “agency action.” Id. at 6–7.
Instead, revoking an employment offer—what happened here—constitutes a “personnel
action.” See Moncrief v. Office of Pers. Mgmt., 621 F. Supp. 963, 965–66 (D.D.C. 1985), aff’d,
811 F.2d 676 (D.C. Cir. 1987); 5 U.S.C. § 2302(a)(2)(A)(i). That type of claim is governed by
the CSRA. See Graham v. Ashcroft, 358 F.3d 931, 933 (D.C. Cir. 2004)
Allocating a type of claim to the CSRA removes it from the APA’s ambit. “Congress
designed the CSRA’s remedial scheme with care, intentionally providing—and intentionally not
providing—particular forums and procedures for particular kinds of claims.” Grosdidier v.
Chairman, Broad. Bd. of Governors, 560 F.3d 495, 497 (D.C. Cir. 2009) (cleaned up); see also
United States v. Fausto, 484 U.S. 439, 443–444 (1988). So the CSRA is the exclusive remedial
pathway for Tozer.
That said, the FAA is largely exempt from the CSRA. See 49 U.S.C. § 40122(g)(2). To
be sure, there are FAA-relevant claims where the CSRA still applies, including for prohibited
personnel actions. See id.; Whitman v. Dep’t of Transp., 547 U.S. 512, 513–15 (2006)
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(remanding to determine whether the FAA engaged in a “prohibited personnel practice” such
that the CSRA still applies). But in general, the agency “has its own procedural framework for
the resolution of claims.” Id. at 513.
Still, whether Tozer’s claim may be brought under the CSRA is irrelevant to its
exclusivity as a remedial pathway, and in turn, to whether that claim may be brought under the
APA. Filebark v. U.S. Dep’t of Transp. 555 F.3d 1009, 1014 (D.C. Cir. 2009) (“Far from saving
an APA claim, Congress’s exemption of [the FAA] from the CSRA signals . . . that Congress
intended to provide these employees with no judicial review”). Litigants cannot get “greater
rights than were available under the CSRA to employees who enjoyed rights under that statute”
by repackaging their claims under the APA. Graham, 358 F.3d at 934. To avoid undermining
this carefully crafted statutory scheme, the Court must reject Tozer’s claim.
One final note: The FAA asks the Court to dismiss the Complaint with prejudice. See
Mot. to Dismiss at 14. But dismissing for lack of subject matter jurisdiction must be without
prejudice. See Nat’l Am. Butterfly Ass’n, 977 F.3d at 1253. And even if the Complaint were
dismissed under Rule 12(b)(6), as the agency alternatively urges, the Court’s conclusion would
not change. 1 Dismissal with prejudice is proper only if no other facts consistent with the
1
The D.C. Circuit’s recent precedents uniformly dispose of these motions under Rule 12(b)(1)
for lack of subject matter jurisdiction. See, e.g., Am. Fed’n of Gov’t Emps. v. Sec’y of Air Force,
716 F.3d 633, 640 (D.C. Cir. 2013). But the APA is not a jurisdictional statute; subject matter
jurisdiction comes from 28 U.S.C. § 1331, with the APA supplying the cause of action. See Md.
Dep’t of Hum. Res. v. Dep’t of Health & Hum. Servs., 763 F.2d 1441, 1445 n.1 (D.C.Cir.1985).
From the start, the CSRA’s comprehensiveness indicated that the personnel actions were
“committed to agency discretion by law,” and so were not subject to the APA at all. Carducci v.
Regan, 714 F.2d 171, 174, 177 (D.C. Cir. 1983) (Scalia, J.) (quoting 5 U.S.C. § 701(a)(2) and
resolving the case under 12(b)(6)). Later decisions suggested that the CSRA jurisdictionally bars
APA claims. See Fornaro v. James, 416 F.3d 63, 68–69 (D.C. Cir. 2005); Whitman, 547 U.S. at
514. The Court follows recent binding precedent in resolving this case under Rule 12(b)(1),
although the 12(b)(6) path would reach the same result.
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Complaint could possibly cure the deficiency. See Firestone v. Firestone, 76 F.3d 1205, 1209
(D.C. Cir. 1996). The Court cannot say the deficiencies are incurable here. See Lucas v. Am.
Fed’n of Gov’t Emps., 151 F.4th 370, 379 (D.C. Cir. 2025).
IV.
For these reasons, the FAA’s Motion to Dismiss will be granted. The Complaint will be
dismissed without prejudice. A separate order will issue today.
2026.11.03
09:21:34 -05'00'
Dated: November 3, 2026 TREVOR N. McFADDEN
United States District Judge
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