No. 18-426

Anica Ashbourne v. Donna Hansberry, et al.

Lower Court: District of Columbia
Docketed: 2018-10-03
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-procedure arnett-v-kennedy codd-v-velger due-process evidence meaningful-opportunity-to-be-heard notice notice-of-termination personnel-records privacy-act privacy-act-5-usc-552a-e-5 third-party-verification
Key Terms:
Privacy
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the D.C. Circuit erred in its rulings on the Privacy Act's verification requirement and the due process right to a meaningful opportunity to be heard

Question Presented (from Petition)

QUESTIONS PRESENTED I. The Privacy Act requires an agency to verify the accuracy of its information against the factual records of independent and objective third parties. 5 U.S.C. §552a(e)(5);, Doe v. U.S., 821 F.2d 694, 699-701 (D.C. Cir. 1987) (en banc). A. Whether the D.C. Circuit erred when it . decided that Respondents Donna Hansberry, Donna Prestia, and Thomas Collins were not required to verify the accuracy of their Notice of Proposed Termination against the factual records of independent and objective third parties? ‘ Il. Before an agency can deprive a person . of life, liberty, or property, an agency must provide the person with a “meaningful opportunity to be heard”. A “meaningful opportunity to be heard” occurs when an agency has provided the person with notice of its charges, notice of the evidence against . him, and notice of its intent to meet with him. Codd v. Velger, 429 U.S. 624, 626-27 (1977); ; Arnett v. Kennedy, 416 U.S. 134 (1974); Doe v. Dept. of Justice, 753 F.2d 1092 (D.C. Cir. ; 1985). ; Whether the D.C. Circuit erred when it ; determined that Donna Hansberry, Donna Prestia, and Thomas Collins were only il . required to provide Petitioner Anica . Ashbourne with their Notice of Proposed Termination and with an opportunity to refute it? © ;

Docket Entries

2018-12-03
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-11-13
DISTRIBUTED for Conference of 11/30/2018.
2018-10-29
Waiver of right of respondent to respond filed.
2018-07-15
Petition for a writ of certiorari filed. (Response due November 2, 2018)
2018-05-14
Application (17A1248) granted by The Chief Justice extending the time to file until July 14, 2018.
2018-05-09
Application (17A1248) to extend the time to file a petition for a writ of certiorari from May 15, 2018 to July 14, 2018, submitted to The Chief Justice.

Attorneys

Anica Ashbourne
Anica Ashbourne — Petitioner
Anica Ashbourne — Petitioner
Donna Hansberry, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent