No. 19-5621

David Green, Jr. v. William P. Barr, Attorney General, et al.

Lower Court: Fourth Circuit
Docketed: 2019-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cat's-paw-negligence cats-paw civil-rights due-process eeo-retaliation eeoc-retaliation employment-discrimination federal-civil-procedure federal-rules-of-civil-procedure merit-systems-protection-board retaliation title-vii
Key Terms:
Arbitration SocialSecurity DueProcess Immigration EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the court of appeals erred when it upheld a district court opinion that conflicted with decided Supreme Court case law for EEO retaliation and 'Cat's Paw' negligence under Title VII Civil Rights Act of 1964 § 704(a), 42 U.S.C. § 2000e-3(a), and failed to consider Petitioner's request to apply 'Cat's Paw' negligence liability, and upheld a dismissal of his Title VII Civil Rights Act EEO discrimination case by the District Court for failure to state a claim pursuant to Federal Rule of Civil P. 58, and violated his constitutional due process rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the court of appeals erred when it upheld a district court opinion that conflicted : with decided Supreme Court case law for EEO retaliation and “Cat’s Paw” negligence under Title VII Civil Rights Act of 1964 § 704(a), 42 U.S.C. § 2000e-3(a), and failed to consider Petitioner’s request to apply “Cat’s Paw” negligence liability, and upheld a dismissal of his Title VII Civil Rights Act EEO discrimination case by the District Court for failure to state a claim pursuant to Federal Rule of Civil P. 58, and violated his constitutional due process rights. 2. Whether the alternative review process offered by the Merit Systems Protection Board : (MSPB), as an emergency option due to the lack of a functioning quorum, negatively influence and impact a Petitioner’s due process rights when processing Title VII EEO mixed cases. . {i] .

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent Barr, William to respond filed.
2019-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)
2019-05-13
Application (18A1167) granted by The Chief Justice extending the time to file until July 19, 2019.
2019-05-10
Application (18A1167) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to July 19, 2019, submitted to The Chief Justice.

Attorneys

Barr, William
Noel J. FranciscoSolicitor General, Respondent
David Green
David Green Jr. — Petitioner