No. 24-5304

Angela Goldman Selby v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2024-08-12
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: agent-orange color-of-law due-process fifth-amendment takings-clause veterans-rights
Key Terms:
DueProcess FifthAmendment Takings Privacy
Latest Conference: 2024-12-06 (distributed 2 times)
Question Presented (AI Summary)

Did the Veteran Affairs violate constitutional rights by improperly applying regulations and disbursing funds owed to deceased veterans exposed to Agent Orange, potentially acting under color of law and violating due process and takings clause protections?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1.Did the Veteran Affairs act in Color of Law when they created a regulation and applied it as if it was an order of the District Court consent decree instead of paying the estate of deceased veterans money owed to them at time of death for exposure to Agent Orange as ordered? Title 18, U.S.C., Section 242 2. Did the Veteran Affairs activate the Takings Clause and violate a veteran's Fifth Amendment Right by taking money owed to him due to service connected disabilities from exposure to Agent Orange, and dispersing it against the order of court and his Last Will and Testament probated in the state of Texas? 3. Is it a violation of the Fifth Amendment Right to Due Process to disburse money owed to a deceased veteran before giving his personal representative the Right to Appeal?

Docket Entries

2025-01-10
Case considered closed.
2024-12-09
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-11-13
Motion DISTRIBUTED for Conference of 12/6/2024.
2024-10-28
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2024-10-07
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 28, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2024-09-03
Waiver of Denis R. McDonough, Secretary of Veterans Affairs of right to respond submitted.
2024-09-03
Waiver of right of respondent Denis R. McDonough, Secretary of Veterans Affairs to respond filed.
2024-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2024)

Attorneys

Angela Goldman Selby
Angela Goldman Selby — Petitioner
Angela Goldman Selby — Petitioner
Denis R. McDonough, Secretary of Veterans Affairs
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent