No. 20-118

Gregory Greer v. General Dynamics Information Technology, Inc.

Lower Court: Fourth Circuit
Docketed: 2020-08-04
Status: Denied
Type: Paid
Response Waived
Tags: contractor-employee-supervision executive-order-12829 federal-acquisition-regulation federal-acquisition-regulations inherently-governmental-function national-industrial-security-program private-right-of-action security-clearance
Key Terms:
AdministrativeLaw Securities Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Is the language of 48 CFR 7.503(d)(13) vague and untenable?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Is the language of 48 CFR 7.503(d)(13), which is inconsistent with relevant Defense Federal Acquisition Regulations Supplement provisions (DFARS) concerning contractor-employee supervision by governmental employees, vague and untenable juxtaposed with those on point DFARS? Il. Is an inherently governmental function of supervising a United States Department of Defense (DOD) employee by a superior government functionary distinct from the not inherently governmental function of supervising a DOD contractor-employee by such government functionary? III. As Executive Order 12829 (National Industrial Security Program) [NISP] has been codified in the Federal Register and has the force of law, is a private right of action against the contractor-employer for concealment and misrepresentation of the correct security clearance level maintainable? IV. Does the lack of debriefing when a DOD contractor-employee is terminated from his or her position violate NISP and create a private right of action to vindicate injuries from such omission?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Waiver of right of respondent General Dynamics Info. Tech., Inc. to respond filed.
2020-07-30
Petition for a writ of certiorari filed. (Response due September 3, 2020)

Attorneys

General Dynamics Info. Tech., Inc.
Christopher E. HumberOgletree Deakins, Respondent
Gregory Greer
Ralph Stephen GreerRalph S. Greer. Esq., Petitioner