DueProcess FifthAmendment Securities EmploymentDiscrimina JusticiabilityDoctri
Whether the National Park Service municipality's conduct violated 5 C.F.R. § 353.301(d) or constitutional rights
QUESTIONS PRESENTED I am a partially recovered federal employee classified under 5 C.F.R. § 353.301(d); yet, I remain unrestored. The U.S. Court of Appeals for the Sixth Circuit averring there is no federal case law to determine: Whether the National Park Service municipality’s properly constituted legislative body’s conduct violated 5 C.ER. § 353.301(d), or constitutional rights of which a reasonable person would have known? Whether a private remedy is implicit in 5 C.FR. § 353.301(d) not expressly providing one? : ii . ‘ DEFENDANTS A petition seeking a writ of mandamus shall state the name and office or function of every person against whom relief is sought. For clarity purposes, the conduct in controversy was committed by nineteen federal defendants who were (1) acting under color of law, and (2) their conduct deprived the plaintiff of a federal right, either constitutional or statutory, causing injury. (Pet. App. at 29-34)