No. 20-6963

F. Allan Midyett v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Eighth Circuit
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-rights due-process employment-discrimination federal-criminal federal-employment indian-employment statutory-compliance veterans-affairs
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether the Secretary of the Department of Veterans Affairs can refuse to comply with provisions of 25 U.S.C. Ch. 36 to take adverse acts causing harm to an adult American Indian employee, who is a member of a federally recognized Indian tribe, and/or former employee of the Department of Veterans Affairs (DVA)

Question Presented (OCR Extract)

QUESTION PRESENTED The question in this case is whether the Secretary of the Department of Veterans Affairs can refuse to comply with provisions of 25 U.S.C. Ch. 36 to take : adverse acts causing harm to an adult American Indian employee, who is a member of a federally recognized Indian tribe, and/or former employee of the Department of Veterans Affairs (DVA).

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent Wilkie, Robert to respond filed.
Main Document
2021-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

F. Allan Midyett
F. Allan Midyett — Petitioner
Wilkie, Robert
Elizabeth B. Prelogar — Acting Solicitor General, Respondent