No. 19-916

Vernon Wendell Risby v. Chad Wolf, Acting Secretary of Homeland Security, et al.

Lower Court: Ninth Circuit
Docketed: 2020-01-22
Status: Denied
Type: Paid
Response Waived
Tags: collateral-estoppel due-process leosa mandamus retaliation title-vii
Key Terms:
SocialSecurity EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Is Collateral Estoppel applicable where the prior Mandamus case dealt only with the issue of whether the Agency was obligated under LEOSA to provide a LEOSA card that indicated LEOSA status and the subsequent Title VII case is based on a new issue of retaliation?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is Collateral Estoppel applicable where the prior Mandamus case dealt only with the issue of whether . the Agency was obligated under LEOSA to provide a LEOSA card that indicated LEOSA status and the subsequent Title VII case is based on a new issue of retaliation? 2. Can the court make inferences based on the totality of the circumstances to determine that the alleged lack of good standing was a pretense and allow the issue of retaliation to be decided by a jury? 3. Did the Agency violate due process by indicating Mr. Risby was in good standing and then waiting until long after he retired to inform him that management . had determined he was not in good standing when he retired, thereby denying him an opportunity to be heard?

Docket Entries

2020-03-09
Petition DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-05
Waiver of right of respondent Moynihan, Timothy, et al. to respond filed.
2019-09-16
Petition for a writ of certiorari filed. (Response due February 21, 2020)

Attorneys

Moynihan, Timothy, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Vernon Wendell Risby
Vernon W. Risby — Petitioner
Vernon W. Risby — Petitioner