No. 22-443

Michael S. Zummer v. Jeffrey S. Sallet, et al.

Lower Court: Fifth Circuit
Docketed: 2022-11-10
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights civil-service-reform-act constitutional-claims due-process employment employment-law federal-jurisdiction first-amendment free-speech judicial-review standing
Key Terms:
ERISA FirstAmendment
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether a federal district court has jurisdiction to hear colorable constitutional claims by federal employees related to their employment

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a federal district court has jurisdiction to hear colorable constitutional claims by federal employees related to their employment—in this instance a First Amendment case seeking reinstatement and back pay regarding the revocation of an FBI agent’s security clearance and resulting removal for reporting unclassified concerns about prosecutorial misconduct to a federal judge in a case pending before the judge—when the Civil Service Reform Act (“CSRA”) provides no means to review those constitutional claims, leaving the federal court as the only possible forum for judicial review.

Docket Entries

2023-03-20
Petition DENIED.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-24
2023-02-10
Brief of respondent United States in opposition filed.
2023-01-04
Motion to extend the time to file a response is granted and the time is further extended to and including February 10, 2023.
2023-01-03
Motion to extend the time to file a response from January 11, 2023 to February 10, 2023, submitted to The Clerk.
2022-11-18
Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2023.
2022-11-17
Motion to extend the time to file a response from December 12, 2022 to January 11, 2023, submitted to The Clerk.
2022-11-07
Petition for a writ of certiorari filed. (Response due December 12, 2022)

Attorneys

Michael Zummer
Michael Stuart ZummerAccountability FBI, Inc., Petitioner
Michael Stuart ZummerAccountability FBI, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent