No. 20-1716

Melvin Trent Walker v. Tom Wolf, Governor of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2021-06-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights civil-rights-act constitutional-law declaratory-judgment discrimination-claims district-court-jurisdiction employee-definition employee-status punitive-damages standing title-vii
Key Terms:
AdministrativeLaw ERISA SocialSecurity DueProcess EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Can the Governor of Pennsylvania and the Secretary of Transportation be considered 'employees' under Title VII of the Civil Rights Act of 1964?

Question Presented (OCR Extract)

question presented is, can the District Court construe | case law from the (3d Cir.1996) (en banc) to now include , ' elected officials as employees. As the ground to DISMISS the . | : plaintiffs VII and ADEA claims WITH PREJUDICE, | : MOTION TO DISMISS FOR FAILURE TO STATE A : CLAIM, GRANTED. Siting congress intentions, and case : ‘ law, out of context? The District Court ruling is an abuse of discretion. Title VII claims should not be dismissed as a ! matter of law. Also my Appeal has no jurisdiction if the constitutional question asked has never been answered. And dismissed without prejudice. As directed, it’s not a final order. Melvin Walker v. Governor of Pennsylvania, et al. Third Circuit Court of Appeals Docket #: 20-2783 While some claims were dismissed with prejudice, others were dismissed without prejudice, GENERALLY, AN ORDER WHICH DISMISSES A COMPLAINT WITHOUT PREJUDICE IS NEITHER FINAL NOR APPEALABLE. BORELLI V. CITY OF READING, 532 F.2D 950, 951 (3D CIR. 1976) (PER CURIAM). ,

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Waiver of right of respondent Wolf, Gov. of PA, et al. to respond filed.
2021-06-08
Petition for a writ of certiorari filed. (Response due July 12, 2021)

Attorneys

Melvin Trent Walker
Melvin Trent Walker — Petitioner
Wolf, Gov. of PA, et al.
Claudia Margaret TesoroOffice of Attorney General, Respondent