No. 23-23

Sebhat Afework v. Velanta Monique Babbitt, et al.

Lower Court: Ninth Circuit
Docketed: 2023-07-07
Status: Denied
Type: Paid
Response Waived
Tags: attorney-general civil-rights due-process federal-jurisdiction immunity public-health-service removal-jurisdiction statutory-interpretation tort-immunity
Key Terms:
AdministrativeLaw SocialSecurity
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether 42 U.S.C. § 233(c)(2) permits a deemed Public Health Service employee to remove a civil action or proceeding against him to federal district court

Question Presented (from Petition)

QUESTIONS PRESENTED Whether 42 U.S.C. § 233()(2) permits a deemed Public Health Service employee to remove a civil action or proceeding against him to federal district court, within 15 days of the Attorney General’s receipt of notice of the same civil action or proceeding, for a determination as to whether the deemed Public Health Service (PHS) employee is entitled to absolute immunity? If the Court answers the preceding question in the negative, whether a deemed PHS employee’s removal of the case eleven days after providing notice forecloses federal jurisdiction pursuant to § 233(/) even when the Attorney General (or his designee) ultimately fails to appear within fifteen days? Whether, by reporting his own determination rather than the United States Department of Health and Human Services (HHS) Secretary’s determination under § 233(g) and (h), the Attorney General (or his designee) may bar a federal court’s jurisdiction to determine whether a deemed PHS employee is immune pursuant to § 233(a)?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-23
DISTRIBUTED for Conference of 9/26/2023.
2023-08-07
Waiver of right of respondent United States to respond filed.
2023-08-02
Waiver of right of respondent Dignity Health dba California Hospital Medical Center to respond filed.
2023-07-05

Attorneys

Dignity Health dba California Hospital Medical Center
Hillary PowellPacker O'Leary & Jordan, Respondent
Hillary PowellPacker O'Leary & Jordan, Respondent
Sebhat Afework
Matthew S. FreedusFeldesman Tucker Leifer Fidell LLP, Petitioner
Matthew S. FreedusFeldesman Tucker Leifer Fidell LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent