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Moody v. U.S Department of Health and Human Services, Office for Civil Rights

2026-08-25

Summary

Holding. The court granted Moody's application to proceed in forma pauperis but dismissed the complaint because Moody failed to establish the three threshold requirements for mandamus relief—specifically, OCR's complaint-handling decisions were discretionary actions not subject to mandamus compulsion.

Amari Moody, proceeding without an attorney, filed a federal lawsuit seeking a writ of mandamus and declaratory and injunctive relief against the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) and certain officials. Moody alleged he suffered complications from sinus surgery and filed thirteen complaints with OCR between February and September 2025, claiming that covered entities in Georgia violated health privacy rules and civil rights laws. After OCR closed all but one complaint, Moody sued, contending OCR failed to properly investigate and enforce its obligations.

To obtain mandamus relief, a plaintiff must demonstrate three threshold requirements: a clear right to relief, a clear duty on the defendant to act, and absence of an adequate alternative remedy. A court may issue a mandamus writ only to compel ministerial duties—not discretionary actions like an agency's decision whether to pursue enforcement proceedings. Moody's allegations and OCR's closure letters showed that OCR had carefully reviewed his complaints and made deliberate decisions about how to handle them, including resolving some matters through informal technical assistance. Because OCR's decisions involved discretionary judgment rather than a nondiscretionary obligation, Moody could not establish the required threshold conditions for mandamus relief.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether mandamus lies to compel OCR to investigate administrative complaints
  • Whether agency enforcement decisions are discretionary or ministerial duties
  • Whether an adequate alternative remedy exists under the Administrative Procedure Act

Procedural posture

Pro se plaintiff filed a combined petition for mandamus and complaint for declaratory and injunctive relief in the U.S. District Court for the District of Columbia, along with an application to proceed in forma pauperis.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

AMARI J. MOODY, )

)

Plaintiff, )

)

v. ) Civil Action No. 26-01255 (UNA)

)

)

U.S. DEPARTMENT OF HEALTH AND )

HUMAN SERVICES, OFFICE )

FOR CIVIL RIGHTS et al., )

)

Defendants. )

MEMORANDUM OPINION

Plaintiff, appearing pro se, has filed a “Combined Petition for Writ of Mandamus and

Complaint for Declaratory and Injunctive Relief under the Administrative Procedure Act” and an

application to proceed in forma pauperis (IFP). For the following reasons, the Court grants the

IFP application and dismisses the complaint.

Plaintiff, a resident of Dacula, Georgia, sues the U.S. Department of Health and Human

Services’ Office for Civil Rights (OCR) and a Regional Manager and an Equal Opportunity

Specialist in their official capacities. Compl. Caption. Plaintiff claims a host of serious

“impairments arising from complications following Functional Endoscopic Sinus Surgery

performed February 26, 2025.” Compl., ECF No. 1 at 5. He turned to OCR to investigate and

filed this action after OCR dismissed all but one of his complaints. See id. at 4 (attributing twelve

“closed complaints” to “systematic jurisdictional misclassification”).

Plaintiff alleges “a documented pattern of systematic enforcement failure” in OCR’s

handling of his “thirteen OCR complaints filed . . . between February 2025 and September 2025,

id. at 3, that accused “covered entities” in Georgia of violating “HIPPA Privacy Rule and Section 504 obligations in connection with Plaintiff’s documented post-surgical condition.” Id. at 5. The

“last active complaint” was closed on June 9, 2026. Pl.’s Third Supplement to Complaint, ECF

No. 6 at 1; see ECF No. 6-1 at 8 (closure letter).

The mandamus statute confers upon federal district courts jurisdiction “to compel an

officer or employee of the United States or any agency thereof to perform a duty owed to the

plaintiff.” 28 U.S.C. § 1361. Mandamus relief is “an option of last resort,” Illinois v. Ferriero,

60 F.4th 704, 714 (D.C. Cir. 2023) (citation omitted), that is available only if “(1) the plaintiff has

a clear right to relief; (2) the defendant has a clear duty to act; and (3) there is no other adequate

remedy available to plaintiff.” Council of and for the Blind of Delaware County Valley v. Regan,

709 F.2d 1521, 1533 (D.C. Cir. 1983) (en banc). If “all three of these threshold requirements” are

not met, the court must dismiss the petition for lack of subject-matter jurisdiction. Ferriero, 60

F.4th at 714. “In other words, mandamus jurisdiction under § 1361 merges with the merits.”

Lovitky v. Trump, 949 F.3d 753, 759 (D.C. Cir. 2020) (cleaned up).

A “court may properly issue a writ of mandamus only if the duty to be performed is

ministerial and the obligation to act peremptory and clearly defined.” Shoshone Bannock Tribes

v. Reno, 56 F.3d 1476, 1480 (D.C. Cir. 1995) (cleaned up). A writ of mandamus cannot issue for

discretionary acts, which generally includes “an agency’s refusal to institute proceedings,” Heckler

v. Chaney, 470 U.S. 821, 832 (1985), or “to take enforcement action,” Sierra Club v. Jackson, 648

F.3d 848, 855 (D.C. Cir. 2011). Similarly, the APA excepts from judicial review “agency action

[that] is committed to agency discretion by law.” 5 U.S.C. § 701(a)(2).

Plaintiff’s allegations establish neither a clear right to relief under the mandamus statute

nor a nondiscretionary act reviewable under the APA. His summary of the reasons OCR provided

for the case closures, see Compl. at 9-10, and supporting exhibits undermine the notion that OCR

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failed in its duty to review Plaintiff’s complaints. See, e.g., Compl. Ex., ECF No. 1-2 at 1-3

(OCR’s comprehensive closure letter issued after having “carefully reviewed” Plaintiff’s

“complaint against Mount Sinai and . . . determined to resolve this matter informally through the

provision of technical assistance to Mount Sinai.”). Therefore, this case will be dismissed.

A separate order accompanies this opinion.

_________/s/____________

AMIT P. MEHTA

Date: August 25, 2026 United States District Judge

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