No. 23-7072

Martin Akerman v. Lloyd J. Austin, III, Secretary of Defense, et al.

Lower Court: Fourth Circuit
Docketed: 2024-03-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: accountability administrative-law civil-rights data-integrity due-process federal-employees federal-jurisdiction judicial-review transparency whistleblower-protection
Key Terms:
Arbitration ERISA SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-06-06 (distributed 2 times)
Question Presented (AI Summary)

Did the Fourth Circuit Court's consolidation of appeals and selective review exacerbate the case's complexity, undermining the principles of thorough judicial review and deviating from the federal judiciary's 'virtually unflagging' obligation to thoroughly adjudicate cases within its jurisdiction?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED The instant case is not just a reflection of an individual's struggle for justice but also highlights broader concerns about due process, whistleblower protection, and the treatment of federal employees engaged in safeguarding data integrity, transparency, and accountability, within a national security framework. The petitioner’s detention by officers from the State National Guards of Arizona, Arkansas, and Nevada, without due process, underscores a potentially grave departure from established legal norms and principles that the judiciary is sworn to uphold. The Supreme Court emphasized its judicial duty, stating, “Our responsibility is to ensure that citizens are not deprived of fundamental rights by virtue of working for the a government” in Connick v. Myers, 461 U.S. 138, 147 (1983). This principle was further’ ; reinforced in Texas v. California, where the Court declared its readiness to “reverse in the blink of an eye” to rectify any deviations from federal courts’ “virtually unflagging” obligation to exercise their jurisdiction, 141 S. Ct. 1469, 1469 (2021). These established principles prompt critical questions regarding the actions of the Fourth Circuit Court and the District Court: 1. Did the Fourth Circuit Court's consolidation of appeals and selective review , exacerbate the case's complexity, undermining the principles of thorough judicial . review and deviating from the federal judiciary's "virtually unflagging" obligation _ to thoroughly adjudicate cases within its jurisdiction? , 2. Did the District Court's dismissal of key claims and oversight of crucial evidence, particularly from a pro se plaintiff against a non-appearing defendant, combined with the dismissal of the plaintiff's case with prejudice on jurisdictional grounds, ; undermine the Fourth Circuit's ability to conduct a thorough adjudication?

Docket Entries

2024-06-10
Rehearing DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-15
2024-04-22
Petition DENIED.
2024-04-04
DISTRIBUTED for Conference of 4/19/2024.
2024-03-29
Waiver of right of respondent Austin, Sec. of Defense, et al. to respond filed.
2024-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2024)
2024-03-22
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner.
2023-12-15
Application (23A536) granted by The Chief Justice extending the time to file until March 29, 2024.
2023-12-07
Application (23A536) to extend the time to file a petition for a writ of certiorari from January 29, 2024 to March 29, 2024, submitted to The Chief Justice.

Attorneys

Austin, Sec. of Defense, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Martin Akerman
Martin Akerman — Petitioner
Martin Akerman — Petitioner