Saturday, April 30, 2022

Piper PA-46-500TP Malibu Meridian, N72WY: Accident occurred April 30, 2022 at Pueblo Memorial Airport (KPUB), Pueblo County, Colorado

Federal Aviation Administration / Flight Standards District Office; Denver, Colorado

Aircraft crashed on departure.

St Christopher Aviation LLC

Date: 30-APR-22
Time: 16:52:00Z
Regis#: N72WY
Aircraft Make: PIPER
Aircraft Model: PA46
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: NONE
Activity: PERSONAL
Flight Phase: TAKEOFF (TOF)
Operation: 91
City: PUEBLO
State: COLORADO
 


Pueblo Police Department - 

On April 30, 2022 at approximately 1053 am, a single-engine aircraft carrying only the pilot, crashed at the Pueblo Memorial Airport.

The plane was trying to takeoff but was unable to sustain flight.

The pilot aborted the takeoff which caused the plane to go into a nosedive and crash into the ground. 

The pilot suffered only minor injuries.

Pelican delays San Diego flight with airfield standoff




SAN DIEGO, California (KSWB) — A pelican plopped down in front of an airliner on the taxiway at San Diego International Airport Thursday, prompting a brief standoff that ended with the bird flying off unharmed.

The unusual encounter happened around 1:30 p.m. as a Horizon Air E-175 tried to taxi to the runway for departure. The outbound plane, headed for Everett, Washington, came to a halt when the pilots noticed a feathered obstacle.

“Sir, you’re not going to believe this but we are unable (to proceed) because of a pelican sitting here on the taxiway,” a pilot tells air traffic control in audio recorded by the crew on FOX 5’s newsgathering helicopter. “And he’s not moving.”

The pilot reasoned the bird might be hurt. The standoff continued for a few minutes, with the pilot checking back in at one point.

“Tower, did you say you were sending airport ops to get the pelican?” the aviator asked, perhaps a touch sheepishly. The tower assured him that help was on the way.

A short time later, an airport SUV drove right up to the pelican, video from SkyFOX showed. The SUV stopped just short of the bird, which at first appeared unperturbed. The SUV slowly rolled farther, closing in on the bird, which suddenly spread its wings and flew off without further incident.

“It was not injured; however I was told it was a bit reluctant to leave,” airport spokesperson Sabrina LoPiccolo later told FOX 5 by email. “A member of our airside operations team responded to the taxiway to encourage the pelican to move which it eventually did. There was a bit of a plane backup, but everything is back to normal.”

Just another day in San Diego.

Barrows LSA, N1908A: Fatal accident occurred April 30, 2022 in Kalispell, Flathead County, Montana

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

The National Transportation Safety Board traveled to the scene of this accident. 

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Helena, Montana 

Location: Kalispell, Montana
Accident Number: WPR22FA169
Date and Time: April 30, 2022, 08:04 Local
Registration: N1908A
Aircraft: Bearhawk Barrows LSA
Injuries: 2 Fatal
Flight Conducted Under: Part 91: General aviation - Personal

On April 30, 2022, about 0804 mountain daylight time, an experimental amateur-built Bearhawk LSA, N1908A, sustained substantial damaged when it was involved in an accident near Kalispell, Montana. The pilot and passenger were fatally injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight.

The pilot planned to fly to Eureka Airport (88M) for breakfast with a group of friends flying in two other airplanes. They departed Kalispell City Airport (S27) at 0759, and the accident airplane was the last in trail.

The other pilots in the group stated that the takeoff was uneventful, with clear skies, good visibility, and no significant weather. They did not see the accident airplane after takeoff but were tracking it on their ADS-B receivers until a few minutes later when it disappeared.

Preliminary ADS-B data indicated that after departing from runway 31, the accident airplane climbed on runway heading for about 4 minutes to 4,900 ft msl, at a ground speed of about 88 knots. It then levelled off and accelerated to about 115 knots. One minute later, the data abruptly ended, with the airplane still travelling on the same track.

The first identified piece of wreckage consisted of the right wing and outboard section of its lift strut, which came to rest on a road, about 350 ft northwest of the last ADS-B target. The inboard section of the strut was located about 100 ft northwest of the wing, and the rest of the airplane was located another 850 ft northwest, in a flat grass field, at an elevation of about 3,090 ft. The right wing sustained crush damage and abrasions along the length of its root rib, consistent with ground impact after separation. A deep indentation that appeared to match the dimensions of the main landing gear tire was present on the underside of the leading edge, just forward of the lift strut fitting.

The main wreckage came to rest in a nose down attitude in a grass field. The airframe sustained extensive crush damage and fragmentation through to the leading edge of the vertical stabilizer. The left wing remained partially attached to the airframe by its lift strut, and the forward spar end cap. 

The bolts that connected both the forward and aft wing spar end caps and the lower strut remained in place and attached to their respective steel fittings and weldments on both sides of the airframe.

Multiple witnesses heard a loud bang, and observed a wing falling to the ground, however no person came forward as a witness to the initial breakup event. A north-facing security camera, located on a building about 650 ft from the main wreckage, captured the airplane about one second before impact. It was in a direct nose-down attitude and spinning to the right. The right wing was missing, but the left wing and empennage were still attached.

The airplane was composed of a fabric-covered tubular steel airframe, and an aluminum wing. It was built by the pilot from plans, with construction completed, and its airworthiness certificate issued, in June 2018. Maintenance records indicated that the last condition inspection was completed by the pilot on June 3, 2021, and the last entry, on February 5, 2022, was for an engine oil change. At that time, the Hobbs-hour meter read 242 hours.

Aircraft and Owner/Operator Information

Aircraft Make: Bearhawk
Registration: N1908A
Model/Series: Bearhawk LSA 
Aircraft Category: Airplane
Amateur Built: Yes
Operator: On file
Operating Certificate(s) Held: None
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC 
Condition of Light: Day
Observation Facility, Elevation: KGPI, 2963 ft msl 
Observation Time: 08:00 Local
Distance from Accident Site: 6 Nautical Miles 
Temperature/Dew Point: 2°C /0°C
Lowest Cloud Condition: Clear
Wind Speed/Gusts, Direction: 5 knots / , 20°
Lowest Ceiling: None 
Visibility: 10 miles
Altimeter Setting: 30.09 inches Hg
Type of Flight Plan Filed: None
Departure Point: Kalispell (S27) 
Destination: Eureka, MT (88M)

Wreckage and Impact Information

Crew Injuries: 1 Fatal
Aircraft Damage: Substantial
Passenger Injuries: 1 Fatal
Aircraft Fire: None
Ground Injuries: 
Aircraft Explosion: None
Total Injuries: 2 Fatal 
Latitude, Longitude: 48.285913,-114.40329 

Aircraft crashed under unknown circumstances. 

Date: 30-APR-22
Time: 14:05:00Z
Regis#: N1908A
Aircraft Make: EXPERIMENTAL
Aircraft Model: BEARHAWK
Event Type: ACCIDENT
Highest Injury: FATAL
Total Fatal: 2
Flight Crew: 1 fatal
Pax: 1 fatal
Activity: PERSONAL
Flight Phase: TAKEOFF (TOF)
Operation: 91
Aircraft Missing: No
Damage: DESTROYED
City: KALISPELL
State: MONTANA

Those who may have information that might be relevant to the National Transportation Safety Board (NTSB) investigation may contact them by email witness@ntsb.gov, and any friends and family who want to contact investigators about the accident should email assistance@ntsb.gov. You can also call the NTSB Response Operations Center at 844-373-9922 or 202-314-6290. 


The right wing of the Barrows LSA that crashed in the West Valley on April 30. A preliminary report released by the NTSB indicated the wing separated from the plane prior to impact.




A surveillance camera captured the kit-built plane — missing a wing — hurtling toward the ground immediately prior to the April 30 crash in the West Valley that killed two Flathead County residents.

A preliminary report into the crash released by the National Transportation Safety Board last week referenced the camera footage, taken from a nearby building, summarized witness accounts and offered an examination of the wreckage. While multiple people saw the body of the aircraft and its right wing hit the ground separately, no one saw the Bearhawk plane come apart, the document said.

The report offers the most comprehensive view yet of the crash that killed Joe Angle, 63, of Kalispell and Kimberly Hebert, 61, of Hungry Horse. Local authorities released the victims’ identities on May 19.

The plane was one of three aircraft headed that morning from Kalispell City Airport to Eureka Airport for a breakfast trip, departing about 8:04 a.m., according to the report. The pilots of the other planes reported clear skies and good weather.

They were tracking the Bearhawk on their automatic dependent surveillance-broadcast (ADS-B) devices when it vanished, but did not see the crash, the report said.

According to ADS-B data, the Bearhawk climbed to about 4,900 feet above mean sea level after takeoff, flying at a speed of roughly 88 knots. It leveled off and accelerated to 115 knots before data from the plane “abruptly ended,” the report said.

People on the ground heard a loud bang, according to the document, and several saw a wing fall out of the sky. The rest of the aircraft came to a rest about 850 feet away from where the wing landed.

The video taken, which captured the final second before the crash, showed the Bearhawk descending nose down and spinning to the right. The aircraft suffered “extensive crush damage and fragmentation through to the leading edge of the vertical stabilizer,” the report said. Investigators found the left wing still attached to the main body by its lift strut and forward spar end cap.

According to the FAA, Angle owned the plane, a popular model among enthusiasts. Bearhawks are typically built from a set of plans, with buyers able to purchase components from the company or find their own parts. The NTSB report listed Angle as the builder.

FAA records indicate that the Bearhawk was deregistered at the time of the crash, the registration having been canceled in June 2021. A review of Angle’s certifications shows that he last earned medical approval to fly in 1997. Third class medical certificates must be renewed every two years for pilots over the age of 40.



Kimberly Hebert


Kimberly Hebert, 61, of Hungry Horse died unexpectedly on April 30, 2022. Her family and the local community are shocked and deeply saddened by her passing.

Kimberly was born on Aug. 25, 1960, to Donald and Virginia Ewbank in La Jolla, California. She spent her youth surfing, horseback riding, and running track for Mesa Verde High School. Kimberly obtained her real estate license at 18 years old, and her appraisal license shortly afterward. In 1992 Kimberly moved her husband and two small children to the Flathead Valley so that they could have a safe and wonder-filled childhood.

Since then, Kimberly served the Flathead Valley for over 35 years. While her expertise was as a Realtor and appraiser, Kimberly was a woman of endless skills and talents that were demonstrated in her many volunteer, work, and other professional opportunities she explored. Throughout everything she did, she never had clients or employers, but soon to be friends. Years later, you would often see her playing racquetball, hiking or rafting with people who had started out as clients. This was because she was genuine, compassionate, and always put their best interests before her own.

Kimberly always took pride in her community and was eager to find new ways to give back and get involved. Back in the days of “Big Mountain,'' she enjoyed volunteering on the ski hill and teaching ski lessons. She was also always passionate about the theater. She gave time to the O’Shaughnessy Center and believed that the arts are important aspects of our community. When she wasn’t working/volunteering, she enjoyed skiing, hiking, traveling, learning, spending time with her family, and making everyone smile. Over the decades she played pivotal roles in our local school boards, youth athletics, church communities, local boards and chambers, hiking groups and so many other wonderful causes.

Kimberly is survived by her son Casey Hebert (32), daughter Kassandra Buckley (29), grandson Cormac Buckley (1.5), and expectant granddaughter.

It is impossible to convey the amazing life of friendships, experiences and contributions that Kimberly made here in the Flathead Valley. But to boil it down, she loved her family and community above all else.

Anyone who knew Kimberly knew that she was incredibly kindhearted and brought a ray of sunshine with her wherever she went. She had an immense passion for her work and was always a source of positivity. Kimberly’s family and friends will miss her more than words can say. She would go out of her way to put a smile on a stranger’s face or lift up a friend in need. She spread sunshine wherever she went and, without her, we will all have to work a little harder at spreading sunshine around the community. She wouldn’t want to just be “remembered,” she would want for her memory to live on through acts of love and kindness every day.

There will be a memorial service held in her honor at 10 a.m. at Christ Lutheran Church on May 28. Those who wish to send flowers or other acts of kindness, please send them to Christ Lutheran Church in Whitefish on May 28. If you cannot attend, but wish to share a story about her or contribute in another way, please send a note to her email montanakimberly@gmail.com.

Millions of Bees Bound for Alaska Are Rerouted and Die in Atlanta

A shipment of five million honeybees was diverted to Atlanta and left out on a hot tarmac. Local beekeepers tried to come to the rescue, but very few survived.





When Sarah McElrea arrived at the Anchorage airport last Friday to pick up the 800 pounds of honeybees she was having shipped from Sacramento, she got the first sense of a disaster in the making: The bees — some five million of them — were in Atlanta, not Anchorage.

The 200 crates of bees were the first of two shipments coming in from Sacramento designated for more than 300 beekeepers in Alaska and to provide much needed pollination services for apple orchards and nurseries, she said in an interview.

Previous honeybee shipments had made their way to Alaska aboard Delta Air Lines flights from Sacramento to Seattle and then on to Anchorage, a route Ms. McElrea has used many times. But this shipment, the airline told her, did not fit aboard the Seattle-bound flight and instead had been rerouted through the Delta hub in Atlanta. The bees would complete their circuitous, cross-country journey to Anchorage on Saturday.

A beekeeper examines a package of mostly dead bees at Atlanta’s Hartsfield-Jackson airport on Sunday evening. 


Ms. McElrea was worried, considering that shipping bees comes with certain complications: The bees must be fed along the way (generally sugar water), and they must be kept cool. Her concerns were well-placed — millions of the bees would die.

Since the handling of the bee shipment, Delta has “engaged the appropriate internal teams to take immediate action to ensure events of this nature do not occur in the future,” Catherine Morrow, a spokeswoman for the company, said in an email.

Another spokeswoman, Catherine Salm, told Alaska Public Media, “We have been in contact with the customer directly to apologize for the unfortunate situation.”

Honeybees are not native to Alaska. Ms. McElrea sells many of the bees she imports to local backyard beekeepers but also helps with pollination services.

Beekeepers checking to see if a queen in one of the packages of bees had survived.


Commercial migratory pollination has become essential to agriculture in many regions, as pesticides have decimated the world’s native pollinators, Jimmy Gatt, a certified beekeeper and president of the Metro Atlanta Beekeepers Association, said in an interview on Thursday.

“Pollinated crops such as blueberries, cranberries, oranges, almonds, watermelons — too many to list — depend on these commercial beekeepers,” he added. “That is the primary importance of honeybees in our culture.”

Some of Ms. McElrea’s customers, especially apple orchards and nurseries, depend on the bee shipment to pollinate their crops and have an abundant spring and fall harvest.

“People don’t grasp just how dependent we as a species are on honeybees for pollination,” Ms. McElrea said. “And this is just such a waste, an absolute tragedy.”

Ms. McElrea asked Delta, the only airline that can ship her bees, to put the bees in a cooler while in Atlanta, which it did.

On Saturday morning, the airline told Ms. McElrea that the aircraft that was to transport the bees was unable to secure the crates, and that the shipment would have to wait another day, given a single direct flight from Atlanta to Anchorage daily.

Some of the bees survived.  However, the number is not known.



On Sunday, Ms. McElrea got another distressing call. She was told the bees had been removed from the cooler and put on the tarmac because some might have been escaping from the crates. It was 83 degrees in Atlanta that day, too hot for the bees to be outside. Putting the bees outside also attracted native bees in the area, making it hard to get near the packages.

She would need to come and get the bees or they’d be left outside.

“I’m in Alaska, and they’re dying in the East Coast,” Ms. McElrea said. She was frantically looking for a solution when it occurred her to call the Metro Atlanta Beekeepers Association’s swarm hotline — the number to call when seeing a swarm of bees on the move. The swarm commander, Dave Marshall, connected her with Edward Morgan, a member.

Mr. Morgan, who says he always gets the “bee odd job,” drove to the airport armed with beehives, bee vacuums and food for the bees. “I didn’t know what to expect,” he said in an interview Wednesday. But by the time he got to the airport Sunday afternoon, about 25 percent of Ms. McElrea’s honeybees had already died of heat and starvation, Mr. Morgan said.

He realized that the containers had been placed upside down, making it impossible for the bees to reach their food. After talking with a few other beekeepers in Georgia, Mr. Morgan concluded that the best course would be to gather up the few remaining bees and give them away.

Mr. Gatt, who did not go to the airport, and Mr. Morgan sent emails and posted notices to members of the Georgia Beekeepers Association and the Metro Atlanta Beekeepers Association: There are free bees at the airport, please come and get them.

About 25 people showed up, Mr. Morgan said. For hours, they broke through the packages to see if any of the bees could be salvaged. But piles of thousands, then millions, of their lifeless bodies kept growing, as the beekeepers examined the packages.

“It’s devastating to see that many dead,” Julia Mahood, a Georgia Master Beekeeper, told WABE, an Atlanta radio station. “Just clumps of dead bees that had no chance because they were left outside with no food.”

Ellen Ausley shines a flashlight into one of two cargo boxes of bees. 


It is hard to know how many bees survived since not all the packages were thoroughly examined, and some of the bees that found a home have been struggling to stay alive in the following week, both Mr. Morgan and Mr. Gatt said.

“I thought I was going to go help this woman get her bees on a plane,” Mr. Morgan said. “But it turned into something totally different. The bee community came together. Everybody was trying to make sure that these bees got a home.”

Ms. McElrea is now waiting for a replacement and plans to file a claim with Delta to get reimbursed for the $48,000 loss because livestock travel is not covered by insurance.

“The worst part about it for me is how they suffered, and there was not a single thing I could do about it,” said Ms. McElrea, who said that she has gotten less than eight hours of sleep since the episode.

To avoid another tragedy, Ms. McElrea and her husband are planning to fly to Seattle, then drive to Sacramento with some vans to pick up the replacements. The McElreas will drive the bees to Seattle and then fly with them to Alaska.

Friday, April 29, 2022

Planes flying in, out of Winston-Salem will soon be forced to take new route as vital runway closes for repairs

WINSTON-SALEM, North Carolina (WGHP) — The longest runway at Smith Reynolds Airport is set to temporarily close in June.

Planes flying in and out of Winston-Salem will be forced to take a new route. 

“The last time we did runway 15-33 was about 11 years ago, and so it’s time,” Smith Reynolds Airport director Mark Davidson. “We’re having growing pains. We’re going to see a lot of construction, so just bear with us.” 

The primary runway spans 6,655 feet. Davidson told FOX8 the runway is the lifeblood of the airport. 

“It’s like a manufacturing line,” he said. “If it was to break down, it stops everything, and that’s pretty much the situation we’re in.”

Davidson said officials with the Federal Aviation Administration and North Carolina Department of Transportation Division of Aviation decided the cracks in the runway and taxiway needed repairs. 

On June 5, the airport’s primary runway will close for 28 days. 

“Sometimes it’s busier than others,” Davidson said. “For instance, Wake Forest graduation is coming soon…so we know that we want to have the runway open during that time, so that was one of the reasons we selected our slower month of June to get a lot of this work done.” 

Some of the airport’s largest tenants like North State Aviation and Signature Flight Support are adjusting for the construction crews.   

“What they’ve done is they’ve actually coordinated maintenance,” he said. “Some aircraft will be on the ground during that time. They can do some heavy maintenance or whatever maintenance is required.” 

Plans for improvements go beyond the airfield. In the future, two 20,000 square foot corporate hangars will take the place of three buildings.

The airport terminal will get renovated, and a 60,000 square foot maintenance and repair hangar will be built over the next three years. 

A combination of local, state and federal funds totaling $65 million will pay for it all. 

“There’s changes always going on in an airport,” said Greg Purvis, director for the Forsyth Technical Community College Aviation Program.

Purvis told FOX8 that the impact on the aviation program is minimal. Instructors are using the temporary closure as a rare learning opportunity.  

“They need to know how the taxiway works, how the air system works, how the control tower works,” Purvis said. “We put that all together for them, so that’s what’s so valuable about being here on the airport.”

Davidson said the Piedmont Flight Training building beside the terminal will be demolished. A representative for the flight school told FOX8 they are considering a move to another building at the airport. 

Dassault Falcon 2000, N797HD: Incident occurred April 25, 2022 at St. Louis Regional Airport (KALN), Alton, Madison County, Illinois

Federal Aviation Administration / Flight Standards District Office; St. Louis, Missouri

Aircraft departed, heard a strange noise and returned to airport, it was discovered that the fuselage panel was missing. 

WMG Aviation LLC


Date: 25-APR-22
Time: 18:30:00Z
Regis#: N797HD
Aircraft Make: DASSAULT
Aircraft Model: FALCON 2000
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: MINOR
Activity: PERSONAL
Flight Phase: TAKEOFF (TOF)
Operation: 91
City: ALTON
State: ILLINOIS

Bell OH-58A Kiowa, N281SP: Accident occurred April 26, 2022 in Oakland, Orange County, Florida

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

The National Transportation Safety Board did not travel to the scene of this accident. 

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Orlando, Florida

Coastal Air Service Inc 


Location: Oakland, Florida
Accident Number: ERA22LA209
Date and Time: April 26, 2022, 18:45 Local
Registration: N281SP
Aircraft: GARLICK HELICOPTERS INC OH58A+ 
Injuries: 1 None
Flight Conducted Under: Part 137: Agricultural

Aircraft and Owner/Operator Information

Aircraft Make: GARLICK HELICOPTERS INC
Registration: N281SP
Model/Series: OH-58A+ 
Aircraft Category: Helicopter
Amateur Built:
Operator: 
Operating Certificate(s) Held: Agricultural aircraft (137)
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: 
Condition of Light:
Observation Facility, Elevation:
Observation Time:
Distance from Accident Site:
Temperature/Dew Point:
Lowest Cloud Condition: 
Wind Speed/Gusts, Direction: / ,
Lowest Ceiling: 
Visibility:
Altimeter Setting: 
Type of Flight Plan Filed:
Departure Point: 
Destination:

Wreckage and Impact Information

Crew Injuries: 1 None
Aircraft Damage: Substantial
Passenger Injuries: 
Aircraft Fire: None
Ground Injuries: 
Aircraft Explosion: None
Total Injuries: 1 None 
Latitude, Longitude: 28.56966,-81.64492 

Rotorcraft crashed under unknown circumstances into Lake Apopka.

Date: 26-APR-22
Time: 22:45:00Z
Regis#: N281SP
Aircraft Make: BELL
Aircraft Model: OH58A
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: AERIAL APPLICATION
Flight Phase: MANEUVERING (MNV)
Operation: 137
Aircraft Operator: COASTAL AIR SERVICE
City: OAKLAND
State: FLORIDA




ORANGE COUNTY, Florida — Crews recovering a helicopter that crashed in Lake Apopka Tuesday said they discovered a second mystery copter in the water Wednesday morning.

Deputies said the second helicopter also went down into the lake on Tuesday later in the day.

Deputies said the pilot of the second helicopter is safe, and that the FAA and NTSB have been notified about the discovery.

Investigators said the pilot in Tuesday’s first crash was brought to shore by a private boat and that they were the only person on board the aircraft at the time of the crash.

Piper PA-24-260 Comanche 260C, N73T: Accident occurred April 27, 2022 at Terre Haute Regional Airport (KHUF), Vigo County, Indiana

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. 

The National Transportation Safety Board did not travel to the scene of this accident. 

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Indianapolis, Indiana
Piper Aircraft

Lucid Thought Consulting LLC


Location: Terre Haute, Indiana
Accident Number: CEN22LA184
Date and Time: April 27, 2022, 17:23 UTC 
Registration: N73T
Aircraft: Piper PA-24-260 
Injuries: 2 None
Flight Conducted Under: Part 91: General aviation - Personal

On April 27, 2022, at 17:23 central daylight time, a Piper PA-24-260, N73T, was substantially damaged when it was involved in an accident near Terre Haute, Indiana. The pilot and passenger were not injured. The airplane was operated as a Title 14 Code of Federal Regulations (CFR) Part 91 personal flight.

The airplane departed runway 23. The pilot stated that after departure a door was ajar and he needed to return to land. Upon landing, the airplane rolled about 2,000 ft down the runway when the right main landing gear collapsed. The airplane sustained substantial damage to the right wing. 

Aircraft and Owner/Operator Information

Aircraft Make: Piper
Registration: N73T
Model/Series: PA-24-260 
Aircraft Category: Airplane
Amateur Built:
Operator: On file
Operating Certificate(s) Held: None
Operator Designator Code: N/A

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC 
Condition of Light: Day
Observation Facility, Elevation: KHUF, 57 ft msl 
Observation Time: 16:53 Local
Distance from Accident Site: 0 Nautical Miles
Temperature/Dew Point: 19°C /3°C
Lowest Cloud Condition: Clear
Wind Speed/Gusts, Direction: 6 knots / , 310°
Lowest Ceiling: None
Visibility: 10 miles
Altimeter Setting: 30.21 inches Hg
Type of Flight Plan Filed: None
Departure Point: Terre Haute, IN (HUF)
Destination: Terre Haute, IN (HUF)

Wreckage and Impact Information

Crew Injuries: 1 None 
Aircraft Damage: Substantial
Passenger Injuries: 1 None
Aircraft Fire: None
Ground Injuries: N/A 
Aircraft Explosion: None
Total Injuries: 2 None 
Latitude, Longitude: 39.456236,-87.3018 (est)

Aircraft gear collapsed on landing. 

Date: 27-APR-22
Time: 17:29:00Z
Regis#: N73T
Aircraft Make: PIPER
Aircraft Model: PA24
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: TERRE HAUTE
State: INDIANA

Superior Culver LFA, N37888: Accident occurred April 28, 2022 near Syracuse-Hamilton County Municipal Airport (3K3), Hamilton County, Kansas

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

The National Transportation Safety Board did not travel to the scene of this accident. 

Additional Participating Entity:
Federal Aviation Administration / Flight Standards District Office; Wichita, Kansas


Location: Syracuse, Kansas
Accident Number: CEN22LA185
Date and Time: April 28, 2022, 10:40 Local 
Registration: N37888
Aircraft: SUPERIOR CULVER LFA
Injuries: 1 Fatal
Flight Conducted Under: Part 91: General aviation - Personal

On April 28, 2022, about 1040 central daylight time, a Superior Culver LFA, N37888, was destroyed when it was involved in an accident at the Syracuse-Hamilton County Municipal Airport (3K3), Syracuse, Kansas. The pilot was seriously injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight.

Witnesses reported that they observed the airplane takeoff; about 150 ft above the ground, the engine started to run rough. The pilot made a hard left turn in a nose high attitude; it appeared that he was attempting to return to the runway. The engine was still running rough when the left wing dropped, and the airplane descended rapidly. It impacted the ground in a nose low attitude and a post-crash fire ensued.

The airplane was recently rebuilt, and the engine was overhauled. The purpose of the accident flight was to transport the airplane from the maintenance facility to its owner in another state.

The airplane was recovered to a secure location for further examination.

Aircraft and Owner/Operator Information

Aircraft Make: SUPERIOR 
Registration: N37888
Model/Series: CULVER LFA
Aircraft Category: Airplane
Amateur Built:
Operator: On file 
Operating Certificate(s) Held: None
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC 
Condition of Light: Day
Observation Facility, Elevation: KULS,3067 ft msl 
Observation Time: 10:35 Local
Distance from Accident Site: 30 Nautical Miles
Temperature/Dew Point: 19°C /13°C
Lowest Cloud Condition: Clear 
Wind Speed/Gusts, Direction: 16 knots / 21 knots, 220°
Lowest Ceiling: Broken / 1500 ft AGL
Visibility: 10 miles
Altimeter Setting: 29.84 inches Hg 
Type of Flight Plan Filed: None
Departure Point: Syracuse, KS 
Destination:

Wreckage and Impact Information

Crew Injuries: 1 Fatal 
Aircraft Damage: Destroyed
Passenger Injuries: 
Aircraft Fire: On-ground
Ground Injuries: 
Aircraft Explosion: None
Total Injuries: 1 Fatal
Latitude, Longitude: 37.99858,-101.7476

Aircraft crashed under unknown circumstances and caught on fire. 

Date: 28-APR-22
Time: 17:12:00Z
Regis#: N37888
Aircraft Make: SUPERIOR
Aircraft Model: CULVER LFA
Event Type: ACCIDENT
Highest Injury: SERIOUS
Aircraft Missing: No
Damage: DESTROYED
Activity: PERSONAL
Flight Phase: UNKNOWN (UNK)
Operation: 91
City: SYRACUSE
State: KANSAS

SYRACUSE, Kansas (WIBW) - A Michigan man sustained serious injuries Thursday when the small plane he was piloting crashed shortly after taking off from an airport in western Kansas authorities said.

The crash was reported at 11:38 a.m. Thursday at the Hamilton County Airport, 1301 N. Main St. in Syracuse.

According to the Kansas Highway patrol, a Superior Culver LFA took off from the airport before it had a loss of engine power. Upon trying to return to the runway, the plane stalled and crashed.

The pilot, Thomas E. Glotfelty, 64, of Tecumseh, Michigan, was seriously injured in the crash.

Glotfelty was taken to Hamilton County Hospital in Syracuse for treatment.

The patrol said Glotfelty was alone in the plane.





SYRACUSE, Kansas (KAKE) - A 65-year-old pilot from Michigan suffered potentially serious injuries when his small plane crashed in southwest Kansas on Thursday.

The plane went down shortly before noon about a half-mile northeast of the Syracuse-Hamilton County Municipal Airport. The Kansas Highway Patrol says following departure, the fixed-wing Superior Culver LFA lost engine power. When the pilot attempted to return to the runway, the plane stalled.

The pilot, Thomas Glotfelty of Tecumseh, Michigan, was transported to a local hospital.

Beech A36 Bonanza, N360PM: Incident occurred April 28, 2022 at Middlesboro Bell County Airport (1A6), Kentucky

Federal Aviation Administration / Flight Standards District Office; Louisville, Kentucky 

Aircraft landed, right brakes failed and veered off runway into a ditch. 

Bon Aire Inc 


Date: 28-APR-22
Time: 18:30:00Z
Regis#: N360PM
Aircraft Make: BEECH
Aircraft Model: A36
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: MINOR
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: MIDDLESBORO
State: KENTUCKY

IAI 1125 Astra SP, N71FS: Incident occurred April 28, 2022 at Acadiana Regional Airport (KARA), Iberia Parish, Louisiana

Federal Aviation Administration / Flight Standards District Office; Baton Rouge, Louisiana

Aircraft landed and left main gear locked up during landing roll and blew a tire. 

Air 71 LLC


Date: 28-APR-22
Time: 17:32:00Z
Regis#: N71FS
Aircraft Make: ISRAEL AIRCRAFT
Aircraft Model: 1125 WESTWIND ASTRA
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: NEW IBERIA
State: LOUISIANA

Beechcraft 35 Bonanza, N2015W: Incidents occurred April 28, 2022 and February 06, 2016

Federal Aviation Administration / Flight Standards District Office; Philadelphia, Pennsylvania

April 28, 2022:  Aircraft nose gear collapsed on landing at Princeton Airport (39N), Somerset County, New Jersey.

CAG Aircraft Holdings LLC


Date: 28-APR-22
Time: 20:41:00Z
Regis#: N2015W
Aircraft Make: BEECH
Aircraft Model: S35
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: PRINCETON
State: NEW JERSEY

Federal Aviation Administration / Flight Standards District Office; Miami, Florida 

February 06, 2016:  Aircraft on landing, nose gear collapsed at Crystal River Airport (KCGC), Citrus County, Florida

Citrus Flying Service Inc

Date:  06-FEB-16
Time:  16:45:00Z
Regis#:  N2015W
Aircraft Make:  BEECH
Aircraft Model:  35
Event Type:  Incident
Highest Injury:  None
Damage:  Unknown
Flight Phase:  LANDING (LDG)
City:  Crystal River
State:  Florida

Cessna 152, N46733: Accident occurred April 28, 2022 and Incident occurred October 14, 2020










This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. 

The National Transportation Safety Board did not travel to the scene of this accident. 

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Cleveland, Ohio

Investigation Docket - National Transportation Safety Board:


Location: Wadsworth, Ohio
Accident Number: ERA22LA211
Date and Time: April 28, 2022, 17:39 Local
Registration: N46733
Aircraft: Cessna 152 
Injuries: 1 Serious
Flight Conducted Under: Part 91: General aviation - Instructional

Aircraft and Owner/Operator Information

Aircraft Make: Cessna 
Registration: N46733
Model/Series: 152
Aircraft Category: Airplane
Amateur Built:
Operator: 
Operating Certificate(s) Held: None
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC
Condition of Light: Day
Observation Facility, Elevation: KAKR,1044 ft msl
Observation Time: 17:54 Local
Distance from Accident Site: 15 Nautical Miles
Temperature/Dew Point: 11°C /-3°C
Lowest Cloud Condition: Clear
Wind Speed/Gusts, Direction: 10 knots / , 340°
Lowest Ceiling: None 
Visibility: 10 miles
Altimeter Setting: 30.23 inches Hg 
Type of Flight Plan Filed:
Departure Point:
Destination:

Wreckage and Impact Information

Crew Injuries: 1 Serious 
Aircraft Damage: Substantial
Passenger Injuries: N/A 
Aircraft Fire: None
Ground Injuries: N/A 
Aircraft Explosion: None
Total Injuries: 1 Serious
Latitude, Longitude: 41.028185,-81.798147 (est)

April 28, 2022:  Aircraft during landing experienced wind gust, bounced on nose wheel, veered off runway and flipped over at Weltzien Skypark Airport (15G), Wadsworth, Medina County, Ohio. 

Date: 28-APR-22
Time: 21:39:00Z
Regis#: N46733
Aircraft Make: CESSNA
Aircraft Model: 152
Event Type: INCIDENT
Highest Injury: MINOR
Aircraft Missing: No
Damage: UNKNOWN
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: WADSWORTH
State: OHIO

April 28, 2022


WADSWORTH, Ohio (WJW) – State troopers are investigating after a small plane crashed at Weltzien Skypark Airport in Wadsworth on Thursday.

The Ohio State Highway Patrol was called to the crash just after 5:30 p.m.

When troopers got there, they found the Cessna 152 flipped over in the grass between the runway and the taxiway.

According to the highway patrol, the pilot, an Aurora man, was trying to land the plane when it went off the left side of the runway, skidding and overturning onto its roof.

The pilot sustained non-life-threatening injuries and was taken to Akron General Hospital for treatment. He was the only person on-board the plane at the time.

The Federal Aviation Administration will conduct a more in-depth investigation into the crash.


Federal Aviation Administration / Flight Standards District Office; Cleveland, Ohio

October 14, 2020:  Aircraft experienced engine issues and landed in a field near Wayne County Airport (KBJJ), Wooster, Ohio.

Sky Park Inc 


Date: 14-OCT-20
Time: 16:14:00Z
Regis#: N46733
Aircraft Make: CESSNA
Aircraft Model: 152
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: INSTRUCTION
Flight Phase: EN ROUTE (ENR)
Operation: 91
City: WOOSTER
State: OHIO

October 14, 2020 



Mooney M20E, N3368X: Incident occurred April 28, 2022 at Mulino State Airport (4S9), Portland, Oregon

Federal Aviation Administration / Flight Standards District Office; Portland, Oregon

Aircraft had a gear issue during landing and came to rest on fuselage.  


Date: 29-APR-22
Time: 02:40:00Z
Regis#: N3368X
Aircraft Make: MOONEY
Aircraft Model: M20E
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: UNKNOWN
Activity: PERSONAL
Flight Phase: LANDING (LDG)
Operation: 91
City: PORTLAND
State: OREGON

Piper PA-30 Twin Comanche, N8748Y: Incident occurred April 28, 2022 in Harlingen, Cameron County, Texas

Federal Aviation Administration / Flight Standards District Office; San Antonio, Texas

Aircraft experienced engine issues and landed on a road.  

QET Aircraft Services LLC


Date: 28-APR-22
Time: 14:35:00Z
Regis#: N8748Y
Aircraft Make: PIPER
Aircraft Model: PA30
Event Type: INCIDENT
Highest Injury: NONE
Aircraft Missing: No
Damage: NONE
Activity: PERSONAL
Flight Phase: EN ROUTE (ENR)
Operation: 91
City: HARLINGEN
State: TEXAS

Air traffic controller’s retaliation suit barred

By Virginia Lawyers Weekly
April 28, 2022 

Sweeney v. Buttigieg, Case No. 21-cv-0204, April 18, 2022. EDVA at Alexandria (Hilton). VLW 022-3-170. 10 pp.


Where an air traffic controller previously sued the Federal Aviation Administration, or FAA, alleging that a training disparity was the result of sex discrimination, and the FAA prevailed, res judicata barred his new suit alleging the same conduct was the result of retaliation.

Background

Plaintiff entered on duty with the FAA on August 5, 2009. Plaintiff joined the Washington air route traffic control center on December 14, 2009.

On November 18, 2016, plaintiff filed suit, alleging that on April 16, 2013, Raymond Mittan, Washington center’s support manager for training, informed plaintiff that his technical training was being terminated. Because of this decision, plaintiff admits that he had only two options: transfer to another, lower-grade facility or face removal from the FAA. Plaintiff transferred to the Harrisburg tower in Pennsylvania on December 4, 2013.

Before his transfer became effective, plaintiff alleges that he filed an informal sex discrimination charge with the FAA’s office of civil rights on October 7, 2013. The purported basis for this charge was that Mittan had reset the on-the-job training hours of two female air traffic control specialists-ITs or ATSC-ITs, to whom plaintiff contends he was similarly situated.

Following a determination that there had been no discrimination, Plaintiff filed a formal complaint with the FAA. Following an investigation, the agency likewise concluded that no discrimination had occurred. Plaintiff appealed this decision to the Merit Systems Protection Board or MSPB. There, the administrative judge determined that plaintiff’s transfer to Harrisburg tower was “voluntary” and, accordingly, that the MSPB lacked jurisdiction to review it.

Plaintiff then filed suit in this court. It granted the MSPB’s motion to dismiss, holding that the MSPB had correctly determined that plaintiff’s transfer was voluntary and that the MSPB therefore lacked administrative jurisdiction to consider plaintiff’s allegations concerning his transfer. The Fourth Circuit affirmed and the Supreme Court denied certiorari.

While his first charge was wending its way through the administrative process, plaintiff filed a second informal discrimination charge with the OCR regarding the termination of his training and subsequent transfer. This second charge, filed on September 14, 2014, asserted a new theory as to why Washington center officials terminated his training and offered him an opportunity to transfer to Harrisburg: Mittan, allegedly in retaliation for plaintiff’s administrative complaint against Mittan, allowed another ATCS-IT – but not plaintiff – to receive supplemental training in November 2013. This theory forms the basis of plaintiff’s instant complaint. Defendant has filed a motion to dismiss.

Analysis

Plaintiff’s claim is barred by res judicata. “For the doctrine of res judicata to be applicable, there must be: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in both the earlier and the later suit; and (3) an identity of parties or their privies in the two suits.” All three requirements are met here.

The first suit was dismissed on the merits. Plaintiff’s claims there arose from the same termination of his training and the same transfer to Harrisburg Tower at issue in this case. And as in this case, plaintiff alleged there that he did not receive “training procedures” made available to others. The only distinction is that, in the prior suit, plaintiff alleged that the training disparity resulted from sex discrimination, whereas here he claims that the denial of training opportunities was retaliatory.

As the Fourth Circuit has repeatedly held, a litigant cannot avoid res judicata simply by pleading a “different theory” by which he could obtain relief on the same set of events. Moreover, the events underlying plaintiff’s retaliation claim even “occurred during the same time period as the other discrimination alleged in [the prior suit I].” His present claim therefore “could have been brought in [the prior suit]” and any “differences in pleading” between the two actions, such as asserting retaliation rather than sex discrimination, “do not save [his] claim[].”

Finally, for the third element, it is immaterial that plaintiff named the MSPB as the defendant in his first action and the secretary here-there is privity between them as a matter of law.

Defendant’s motion to dismiss granted.
















SWEENEY v. BUTTIGIEG
No. 21-cv-0204.
THOMAS SWEENEY, Plaintiff, v. PETER P. M. BUTTIGIEG, SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, IN HIS OFFICIAL CAPACITY ONLY, Defendant.
United States District Court, E.D. Virginia, Alexandria Division.
April 18, 2022
 
Memorandum Opinion
CLAUDE M. HILTON, District Judge.

THIS MATTER comes before the Court on Defendant's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).

Plaintiff, proceeding pro se, entered on duty with the FAA on August 5, 2009, as an Air Traffic Control Specialist in Training ("ATCS-IT"). Plaintiff joined the Washington Air Route Traffic Control Center ("Washington Center") in Leesburg, Virginia on December 14, 2009. On April 16, 2013, after approximately three-and-a-half years at Washington Center, Plaintiff alleges that Raymond Mittan, Washington Center's Support Manager for Training, delivered a memo to Plaintiff in informing Plaintiff that his technical training was being terminated. Because of this decision, Plaintiff admits that he had only two options: transfer to another, lower-grade facility or face removal from the FAA. In July 2013, the FAA's National Employee Services Team, which "reviews all [ATCS-ITs] whose training was terminated at a facility," offered Plaintiff an opportunity to transfer to another facility with a lower grade and lower pay. Plaintiff transferred to this facility—the Harrisburg Tower in Middletown, Pennsylvania—on December 4, 2013.

Before his transfer became effective, Plaintiff alleges that he filed an informal sex discrimination charge with the FAA's Office of Civil Rights ("OCR") on October 7, 2013. The purported basis for this charge was that Mittan had reset the on-the-job training ("OJT") hours of two female ATCS-ITs, to whom Plaintiff contends he was similarly situated. Following a determination that there had been no discrimination, Plaintiff filed a formal complaint with the FAA on February 7, 2014. The agency accepted this complaint, investigated, and likewise concluded that no discrimination had occurred. Plaintiff appealed this decision to the Merit Systems Protection Board ("MSPB"). There, the administrative judge determined that Plaintiff's transfer to Harrisburg Tower was "voluntary" and, accordingly, that the MSPB lacked jurisdiction to review it. See Sweeney v. MSPB, 776 F. App'x 788, 791 (4th Cir. 2019) ("Sweeney I"). Plaintiff then sought further review before the full MSPB, which affirmed the administrative judge's decision.

Having exhausted his administrative remedies, Plaintiff filed a federal lawsuit on November 18, 2016. Initially, he petitioned for review in the United States Court of Appeals for the Federal Circuit, however, the Federal Circuit transferred the case to the United States District Court for the Eastern District of Virginia. The MSPB moved to dismiss. This Court granted the MSPB's motion, holding that the MSPB had correctly determined that Plaintiff's transfer was voluntary and that the MSPB therefore lacked administrative jurisdiction to consider Plaintiff's allegations concerning his transfer. Id. at 792; see generally Order, Sweeney v. MSPB, No. 1:17-cv-0926 (E.D. Va. Mar. 13, 2018). Plaintiff, after losing a motion for reconsideration, appealed to the United States Court of Appeals for the Fourth Circuit. Plaintiff contended that the district court had erred in concluding there was no genuine issue of material fact as to whether his transfer was voluntary. See Id. at 794. The Fourth Circuit rejected this argument. The court held that requiring Plaintiff to choose between reassignment and possible termination did not make his selection of the former involuntary:

Although [Plaintiff] had to choose between the unattractive options of participating in termination proceedings or being reassigned to Harrisburg, he was still presented with a choice. Both the Federal Circuit and the MSPB have repeatedly held that the fact that an employee is faced with an unpleasant situation or that his choice is limited to two unattractive options does not make the employee's decision any less voluntary.

Id. at 795 (quoting Staats v. U.S. Postal Serv., 99 F.3d 1120, 1124 (Fed. Cir. 1996)). The Fourth Circuit accordingly affirmed the district court's dismissal in its entirety. Id. at 796. The Supreme Court denied certiorari on December 16, 2019. Sweeney v. MSPB, 140 S.Ct. 661 (Mem.) (2019).

While his first charge was wending its way through the administrative process, Plaintiff filed a second informal discrimination charge with the OCR regarding the termination of his training and subsequent transfer. This second charge, filed on September 14, 2014, asserted a new theory as to why Washington Center officials terminated his training and offered him an opportunity to transfer to Harrisburg: Mittan, allegedly in retaliation for Plaintiff's administrative complaint against Mittan, allowed another ATCS-IT, Greg Bhola—but not Plaintiff—to receive supplemental training in November 2013. This theory forms the basis of Plaintiff's instant complaint.

Plaintiff filed this action on February 22, 2021. He asserts a single count of retaliation under Title VII, 42 U.S.C. § 2000e-16(a). He alleges that his October 2013 informal complaint to OCR was protected activity, and that in retaliation for that activity, Mittan "allow[ed] a similarly situated employee to receive supplemental proficiency OJT outside of the FAA's [p]olicies and [p]rocedures" and then "block[ed] the grievance procedures that would have granted [Plaintiff] the same training," resulting in Plaintiff's transfer to Harrisburg in lieu of a proposal to remove him from federal employment.

A motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) tests the legal sufficiency of the complaint. Republican Party of N.C. v. Martin, 980 F.2d 943, 952 (4th Cir. 1992). To pass this test, a complaint's "[f]actual allegations must be enough to raise a right to relief above the speculative level," which requires the plaintiff to allege sufficient facts "to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007). This standard demands "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action." Giarratano v. Johnson, 521 F.3d 298, 304 (4th Cir. 2008) (quoting Twombly, 550 U.S. at 555). In considering a Rule 12(b)(6) motion, therefore, a court need not accept "conclusory allegations regarding the legal effect of the facts alleged." Labram v. Havel, 43 F.3d 918, 921 (4th Cir. 1995); accord Twombly, 550 U.S. at 555. Rather, the court should only "assume the facts alleged in the complaint are true and draw all reasonable factual inferences in [the plaintiff's] favor." Burbach Broad. Co. of Del. v. Elkins Radio Corp., 278 F.3d 401, 406 (4th Cir. 2002).

Plaintiff's claim fails at the outset because it is barred by res judicata. "Under res judicata principles, a prior judgment between the same parties can preclude subsequent litigation on those matters actually and necessarily resolved in the first adjudication." Covert v. LVNV Funding, LLC, 779 F.3d 242, 246 (4th Cir. 2015) (quoting In re Varat Enters., Inc., 81 F.3d 1310, 1314-15 (4th Cir. 1996)). "For the doctrine of res judicata to be applicable, there must be: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in both the earlier and the later suit; and (3) an identity of parties or their privies in the two suits." Pueschel v. United States, 369 F.3d 345, 354-55 (4th Cir. 2004). All three requirements are met here.

Sweeney I was a final judgment on the merits of Plaintiff's claims. In Sweeney I, this Court "entered final judgment in favor of the Defendant, dismissing Plaintiff's claims." Hill v. SJV, LLC, 2017 WL 4476840, at *2 (E.D. Va. July 28, 2017), aff'd, 699 F. App'x 191 (4th Cir. 2017). "As determined by Rule 41(b) and recognized within the Fourth Circuit, unless Plaintiff's claims were dismissed for lack of jurisdiction, the previous case was decided on the merits." Id. Plaintiff's claims in Sweeney I were dismissed for failure to state a claim, not for lack of jurisdiction, and thus the Court's final judgment was on the merits. See, e.g., Federated Dep't Stores, Inc. v. Moitie, 452 U.S. 394, 399 n.3 (1981); see also Order, Sweeney MSPB, No. 1:17-cv-0926 (E.D. Va. Mar. 13, 2018). The Fourth Circuit affirmed that judgment in all respects, and the Supreme Court denied certiorari. The first res judicata element accordingly is fulfilled.

The second element of res judicata requires "an identity of the cause of action in both the earlier and the later suit." Pueschel, 369 F.3d at 354-55. "The determination of whether two suits arise out of the same cause of action, however, does not turn on whether the claims asserted are identical." Id. at 355. "Rather, it turns on whether the suits and the claims asserted therein `arise out of the same transaction or series of transactions or the same core of operative facts.'" Id. (quoting Varat Enters., 81 F.3d at 1316). Critically here, therefore, "[r]es judicata bars not only those claims that were actually raised during prior litigation, but also those claims that could have been raised." Covert, 779 F.3d at 247. Plaintiff's sole claim here falls into the latter category because it clearly arises from "the same transaction or series of transactions" and "the same core of operative facts" as his original lawsuit. As evident from the complaint in Sweeney I, Plaintiff's claims there arose from the same termination of his training and the same transfer to Harrisburg Tower at issue in this case. And as in this case, Plaintiff alleged in Sweeney I that he did not receive "training procedures" made available to others. The only distinction is that, in Sweeney I, Plaintiff alleged that the training disparity resulted from sex discrimination, whereas here he claims that the denial of training opportunities was retaliatory. As the Fourth Circuit has repeatedly held, a litigant cannot avoid res judicata simply by pleading a "different theory" by which he could obtain relief on the same set of events. See Harnett v. Billman, 800 F.2d 1308, 1314 (4th Cir. 1986) ("Claims may arise out of the same transaction or series of transactions even if they involve different harms or different theories or measures of relief."); see also Saunders v. McAuliffe, 2016 WL 1071015, at *6 (E.D. Va. Mar. 17, 2016) ("Advancing `different harms or different theories or measures of relief' cannot defeat identity among the causes of action" for purposes of res judicata.)

The events underlying Plaintiff's retaliation claim even "occurred during the same time period as the other discrimination alleged in [Sweeney I]." Perry, 2009 WL 1350470, at *6. The Sweeney I complaint was based on events leading up to the termination of Plaintiff's training (in April/May 2013) and between that termination and his transfer to Harrisburg Tower (in December 2013). The alleged retaliation in this case likewise occurred within that time frame: Plaintiff alleges Bhola received his extra training in November and possibly December 2013. Further, Plaintiff admits that he learned of Bhola's training no later than July 31, 2014—more than two years before petitioning the Federal Circuit for review and more than three years before filing his complaint in Sweeney I. His present claim therefore "could have been brought in [Sweeney] I," and any "differences in pleading" between the two actions, such as asserting retaliation rather than sex discrimination, "do not save [his] claim[]." Lamb v. Modly, 2021 WL 1198158, at *8 (D. Md. Mar. 30, 2021); see Perry, 2009 WL 1350470, at *6 (res judicata barred claim that "`might have been presented' during Plaintiff's first discrimination case" (quoting Varat Enters., 81 F.3d at 1315)).

The final res judicata element is "an identity of parties or their privies in the two suits." Pueschel, 369 F.3d at 355. In other words, the parties in the two suits need not be identical as long as there is privity between them. See Kayzakian v. Buck, 865 F.2d 1258, 1988 WL 138438, at *1 (4th Cir. 1988) ("Strangers to prior litigation can plead estoppel based on privity."). As relevant here, "[t]here is privity between officers of the same government so that a judgment in a suit between a party and a representative of the United States is res judicata in relitigation of the same issue between that party and another officer of the government." Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402-03 (1940). It is therefore immaterial that Plaintiff named the MSPB as the defendant in his first action and the Secretary here—there is privity between them as a matter of law. Kayzakian, 1988 WL 138438, at *2("Privity exists where a plaintiff attempts to relitigate the same claim by naming different governmental entities and employees as defendants."); see also Kentucky v. Graham, 473 U.S. 159, 168 (1985) (holding that suit against government official in official capacity is nothing more than a suit against the government).

For the foregoing reasons, all three elements of res judicata are satisfied here, meaning that Plaintiff's claim is barred. It is hereby ORDERED that Defendant's Motion to dismiss is GRANTED.