No. 19-6764

Nicole Rena McCrea v. District of Columbia Police & Firefighter's Retirement and Relief Board

Lower Court: District of Columbia
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-hearing administrative-procedure civil-rights constitutional-challenge disability disability-benefits disability-provisions due-process employment police-firefighters property-interest property-rights takings takings-clause
Key Terms:
AdministrativeLaw DueProcess Takings JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Are the provisions of the United States Constitution, Amendment 5, Due Process Clause, compelled and/or implied as pertains to the expressed statutory guidelines within the Police and Firefighters Retirement and Disability Act (PFRDA), a state law governing disability and disability provisions of the District of Columbia Police, Firefighters and Capitol Police, as concerns the property interest in the calculation and/or adjustment of the Petitioner's annuity; the Petitioner's property interest in a disability review for recovery back to reemployment; the Petitioner's property interest in the ability to be employed in any profession; the Petitioner's property right protected by the Takings Clause?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1, Are the provisions of the United States Constitution, Amendment 5, Due Process Clause, compelled and/or implied as pertains to the expressed statutory guidelines within the . Police and Firefighters Retirement and Disability Act (“(PFRDA”), a state law governing disability and disability provisions of the District of Columbia Police, Firefighters and Capitol Police, as concerns the property interest in the calculation and/or adjustment of the Petitioner’s annuity; the Petitioner’s property interest in a disability review for recovery back to reemployment; the Petitioner’s property interest in the ability to be employed in any profession; the Petitioner’s property right protected by the Takings Clause? 2. Is the Petitioner’s challenge to the Constitutionality of the Board’s actions a contested case subject to the provisions of the United States Constitution, Amendment 5, Due Process Clause, a hearing to refute charges and/or clear her name? ii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-11
Waiver of right of respondent D.C. Police & Firefighters Retirement & Relief Board to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

D.C. Police & Firefighters Retirement & Relief Board
James Creighton McKay Jr.Office of the Attorney General for the District of Columbia, Respondent
James Creighton McKay Jr.Office of the Attorney General for the District of Columbia, Respondent
Nicole R. McCrea
Nicole McCrea — Petitioner
Nicole McCrea — Petitioner