No. 18-7763

Charles Dereck Adams v. Department of Defense

Lower Court: Fourth Circuit
Docketed: 2019-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-power administrative-procedure age-discrimination civil-rights discrimination discrimination-abuse-of-power disparate-treatment disparate-treatment-discrimination employment-discrimination extortion mspb-quorum-bias prohibited-personnel-practice vera-vsip-denial vera-vsip-hearing-fairness vera-vsip-weapon veraivsip
Latest Conference: 2019-03-15
Question Presented (from Petition)

Unlawful VERA Retirement Denial

Whether Awarding VERAIVSIP to others in MDA and even in my own office, and not awarding it to me, is okay or even legal? And whether using VERAIVSIP as a weapon to coerce me into dropping my legitimate EEO appeals is acceptable or even legal? And isn't both of those actions discrimination and abuse of power?

Whether MDA can Unlawfully Use VERAIVSIP (Voluntary Early Retirement Authority/Voluntary Separation Incentive Payment) as a weapon to coerce employees into dropping their legitimate EEO complaints? And isn't it Extortion to offer to grant VERANSIP only if I drop my EEOldiscrimination appeals?

Whether MSPB's lack of quorum adversely affected their decisions in this VERAIVSIP case/appeal? And whether their lack of quorum is justification for assigning a biased admin judge with a unfavorable history with the Plaintiff? And whether their lack of quorum is the reason why the biased admin judge failed to recues herself?

Whether a government agency, specifically the Missile Defense Agency (MDA), can deny VERAIVSIP while awarding it to others?

Whether it is a prohibited personnel practice for MDA to, on at least 7 occasions, used VERAIVSIP as a weapon to coerce me into dropping my legitimate discrimination appeals?

Whether the VERAIVSIP hearing was fair and unbiased and whether justice was served by it?

Whether Refusing to authorize VERA Retirement, CISSP Dues and Work-Related Training Reimbursement, while approving them for other employees at MDA (even ones in my own office), to force me to drop my MSPB and EEO complaints (which cost me and my family our health care when they knew my wife had cancer and I had an autistic son!), despite the fact that they authorized it for others in my office and MDA at large, was lawful or constitutes discrimination? [DeFacto Disparate Treatment and Discrimination]

Whether instituting a second investigation with their own people after the FBI cleared me of spying charges ("Nothing actionable, just another IT person bending a rule to get the job done.") adversely affected their VERA/VSIP decision? And whether using (misusing) their own people again (DoD IRD) to investigate their own agency (MDA) adversely affected their VERAIVSIP decision?

Whether MSPB made an even more egregious mistake when they denied VERAIVSIP to me and my family? [When CAFC directed them (MSPB) to reconsider VERA in their Aug 10, 2012 CAFC Decision Overturning MSPB VERA Retirement Decision, they didn't do it the way they should have done it. MDA withheld vital evidence in their possession that would have resulted in a different ruling, with an honest, objective and unbiased Admin Judge (The Admin Judge was biased and made her ruling too quickly, a couple of days after the hearing, almost as if it was predetermined and prewritten.)]

Whether you can use a Presidential Waiver to discriminate against black employees and managers and to deny VERAIVSIP and DOD Civilian Retiree ID Card to black employees and managers?

Whether Disparate Treatment, Disparate Impact, Discrimination, Retaliation and Intentionally Withholding Vital Information MDA they had in their possession was involved in the decision to deny me and my family VERA and VSIP?

Question Presented (AI Summary)

Unlawful VERA Retirement Denial

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Waiver of right of respondent Department of Defense to respond filed.
2018-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2019)

Attorneys

Charles Dereck Adams
Charles D. Adams — Petitioner
Department of Defense
Noel J. FranciscoSolicitor General, Respondent