| 25-6370 |
Evelyn Courtney v. Merit Systems Protection Board |
Federal Circuit |
2025-12-15 |
Pending |
Response WaivedIFP |
administrative-law constitutional-rights due-process federal-employment mspb-jurisdiction prohibited-personnel-practices |
WHY WILL THE MSPB NOT TAKE JURISDICTION OVER MY REQUEST FOR GRIEVANCE WHEN NUMERQUS PROHIBITED PERSONNEL PRACTICES WERE PERFORMED, THREATS TO MY SAFET… |
| 24A741 |
Faye Rennell Hobson v. Department of Defense |
Federal Circuit |
2025-01-28 |
Presumed Complete |
|
administrative-review employment-discrimination federal-employment judicial-appeal veterans-preference veterans-rights |
Whether the Veterans' Employment and Reemployment Rights Act (VERRRA) requires federal agencies to provide substantive preference and procedural prote… |
| 24-6206 |
Anthony Bowden, Sr. v. Office of Personnel Management |
Federal Circuit |
2024-12-27 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law disability-discrimination due-process federal-employment merit-system-protection-board reasonable-accommodation |
Whether the Merit System Protection Board's decision discriminated against a person with a disability and disregarded Mr. Bowden's arguments due to me… |
| 24A278 |
Martin Akerman v. Merit Systems Protection Board |
Federal Circuit |
2024-09-18 |
Presumed Complete |
|
civil-forfeiture due-process federal-employment fifth-amendment first-amendment whistleblower-protection |
Whether the Fifth Amendment and First Amendment protect a federal employee's due process rights and right to petition when challenging civil forfeitur… |
| 24A155 |
Martin Akerman v. Department of the Air Force |
Federal Circuit |
2024-08-08 |
Presumed Complete |
|
administrative-law federal-employment interlocutory-appeal jurisdictional-review mspb-procedure pro-se-litigation |
Whether the Merit Systems Protection Board (MSPB) can be properly named as a respondent in federal appeals challenging its jurisdictional and procedur… |
| 24-67 |
Tammie L. Terrell v. Denis R. McDonough, Secretary of Veterans Affairs |
Eleventh Circuit |
2024-07-19 |
Denied |
Response Waived |
age-discrimination-in-employment-act burden-of-proof but-for-causation causation differential-treatment employment-discrimination federal-employment personnel-action retaliation title-vii |
Whether differential treatment must contribute to the ultimate decision |
| 24-10 |
Marecia Bell v. Denis R. McDonough, Secretary of Veterans Affairs |
Eleventh Circuit |
2024-07-09 |
Denied |
Response Waived |
42-usc-2000e-16 employment-law federal-employment pay-discrimination protected-class summary-judgment title-vii title-vii-discrimination |
Whether a failure to follow federal rules relating to pay without credible explanation that results in a protected class receiving less pay than other… |
| 23-1221 |
Carlos A. Williams v. Louis DeJoy, Postmaster General |
Seventh Circuit |
2024-05-17 |
Denied |
Response Waived |
civil-rights civil-service-reform-act discrimination due-process federal-employment merit-system-protection-board merit-systems-protection-board prohibited-personnel-practices statutory-protections |
Whether a federal court lacks jurisdiction over a federal employee's complaint when the court has been made aware by the employee he had not been appr… |
| 23A955 |
Joseph Anoruo v. Department of Veteran Affairs |
Federal Circuit |
2024-04-24 |
Presumed Complete |
|
administrative-review certiorari-review federal-employment merit-systems-protection-board retaliation whistleblower-protection |
Whether a federal whistleblower who alleges retaliation and wrongful termination can challenge an agency's credibility determination and seek correcti… |
| 23-1106 |
Martin Akerman v. United States |
Armed Forces |
2024-04-11 |
Denied |
Response WaivedRelisted (2) |
administrative-law administrative-state civilian-oversight due-process federal-employment habeas-corpus military-authority military-detention userra |
Did the U.S. Court of Appeals for the Armed Forces err in dismissing the petitioner's habeas corpus case for lack of jurisdiction? |
| 23-1019 |
Dennis McLain v. Denis R. McDonough, Secretary of Veterans Affairs |
Eleventh Circuit |
2024-03-18 |
Denied |
Response Waived |
causation-standard civil-rights discrimination due-process employment employment-discrimination federal-employee federal-employment jury-instruction retaliation title-vii whistleblowing |
Whether the jury should be instructed on the causation standard delineated in Babb v. Wilkie for federal employee Title VII claims |
| 23-6736 |
Christopher R. Chin-Young v. Department of the Army |
Federal Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
administrative-law civil-rights due-process employment-at-will federal-employees federal-employment mspb reassignment whistle-blower |
Whether covered Federal employees under employment-at-will have an absolute right to constitutionally sound due process procedures under MSPB administ… |
| 23-866 |
Evan H. Nordby v. Social Security Administration |
Federal Circuit |
2024-02-12 |
GVR |
Relisted (3) |
active-duty civil-rights differential-pay due-process federal-employee federal-employment military-reserve military-reserves national-emergency pay-differential statutory-interpretation |
Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential … |
| 23-868 |
Charles Flynn v. Department of State |
Federal Circuit |
2024-02-12 |
GVR |
Amici (1)Relisted (3) |
active-duty civil-service civilian-employee differential-pay federal-employment national-emergency statutory-interpretation |
Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential … |
| 23A489 |
Martin Akerman v. General Daniel Hokanson, Chief, National Guard Bureau,et al. |
Fourth Circuit |
2023-11-30 |
Presumed Complete |
|
administrative-law bivens-claim constitutional-violations federal-employment government-officials national-guard |
Whether a federal employee can bring a Bivens claim against multiple government agencies and officials for alleged constitutional violations related t… |
| 23-449 |
Aisha Trimble v. Department of Veterans Affairs |
Federal Circuit |
2023-10-30 |
Denied |
Response WaivedRelisted (2) |
civil-rights discrimination due-process employment-discrimination equal-protection federal-agency-misconduct federal-employment hiring-process initial-appointment military-service-rights veterans-preference |
When federal agencies violate veterans' preference laws in initial employment decisions, are their actions motivated by hostility towards military ser… |
| 23-5610 |
Justin D. Shackelford v. University of Minnesota, et al. |
Minnesota |
2023-09-19 |
Denied |
IFP |
ada administrative-procedure civil-rights constitutional-rights discrimination due-process employment federal-employment standing state-agency state-federal-conflict unemployment-law |
Can a state agency make an unemployment determination that contradicts the federal Americans with Disabilities Act? |
| 23-192 |
Aisha Trimble v. Department of Veterans Affairs |
Federal Circuit |
2023-08-29 |
Denied |
Response WaivedRelisted (2) |
civil-rights due-process federal-employment initial-appointment merit-promotion open-competition preference-eligible statutory-rights veterans-preference |
When a qualified preference eligible seeks initial appointment under an open competition announcement, does Congress allow federal agencies to deny an… |
| 23-60 |
Joseph R. Biden, Jr., President of the United States, et al. v. Feds for Medical Freedom, et al. |
Fifth Circuit |
2023-07-21 |
GVR |
Relisted (9) |
administrative-law civil-service-reform-act covid-19 covid-vaccination executive-order federal-employee federal-employment mootness preliminary-injunction |
Whether the court of appeals' judgment should be vacated and remanded as moot |
| 23-5069 |
Lola Bonitta McGee v. Louis DeJoy, Postmaster General, et al. |
Ninth Circuit |
2023-07-11 |
Denied |
Response WaivedIFP |
abuse-of-power civil-rights disability due-process employee-rights federal-employment government-accountability medical-disability retaliation workplace-discrimination workplace-harassment |
when-an-exemplary-employee-is-discriminated-against |
| 22-1193 |
Jeffry Thul v. Deb Haaland, Secretary of the Interior, et al. |
Sixth Circuit |
2023-06-09 |
Denied |
Response Waived |
civil-rights discrimination due-process equal-protection expedited-proceedings federal-employees federal-employment post-traumatic-stress-disorder service-of-process |
Whether service of process is relevant in a psychological disability case |
| 22-1118 |
Cody Adams, et al. v. United States |
Federal Circuit |
2023-05-16 |
Denied |
Amici (1)Relisted (2) |
civil-rights due-process federal-employees federal-employment hazardous-duty-pay proximity-exposure regulatory-interpretation statutory-entitlement statutory-interpretation virulent-biologicals |
Whether federal employees who work in close proximity to individuals infected with virulent biologicals are entitled to hazardous duty pay under the r… |
| 22-1101 |
William Tyrone Cunningham v. Merit Systems Protection Board |
Federal Circuit |
2023-05-11 |
Denied |
Response Waived |
due-process equal-protection federal-employment national-labor-relations-act probationary-period veterans-preference |
Petitioner's 5th and 14th Amendment rights violation |
| 22-7143 |
Xunxian Liu v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2023-03-29 |
Denied |
Response WaivedIFP |
administrative-law agency-action agency-policy civil-rights due-process employment-rights federal-employment notice performance-improvement performance-improvement-plan procedural-rights |
Whether the DHHS violated Petitioner's civil-rights, due-process, and employment-rights by issuing a performance-improvement-plan and removing Petitio… |
| 22-6056 |
Susan Kay Slivicki v. Denis R. McDonough, Secretary of Veterans Affairs |
Eighth Circuit |
2022-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
ada-accommodation agency-misconduct civil-rights contract-breach defamation eeoc-retaliation employment-discrimination federal-employment geographic-exclusion non-communication owcp veterans-preference |
Contract-law,civil-rights,federal-employment,ada,veterans-preference,hippa |
| 22-303 |
Yuri J. Stoyanov v. Carlos Del Toro, Secretary of the Navy, et al. |
Fourth Circuit |
2022-09-29 |
Denied |
Response Waived |
civil-rights cover-up discrimination due-process federal-employment judicial-misconduct mail-fraud pro-se-petition standing |
Whether the Supreme Court should intervene to reverse the district court's orders that denied discovery, depositions, hearings, and investigations int… |
| 21-827 |
Darek J. Kitlinski, et ux. v. Department of Justice, et al. |
Fourth Circuit |
2021-12-06 |
Denied |
Response WaivedRelisted (2) |
burden-of-proof discriminatory-animus employee-rights employment-discrimination employment-rights federal-employment military-service protected-status reemployment-rights userra |
Whether the employee must prove that protected status or activity was a motivating factor or prove that the employer had hostility to military service… |
| 21-5850 |
Lawrence E. Mattison v. Denis R. McDonough, Secretary of Veterans Affairs, et al. |
Fourth Circuit |
2021-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-procedure civil-rights due-process employment-law equal-protection federal-employment federal-law policy-procedure race-discrimination racial-discrimination |
Whether this Federal employer may use a Substantive Procedure contrary to Federal law and DVA Policy & Procedure |
| 21-368 |
Guy Patterson v. Kilolo Kijakazi, Acting Commissioner of Social Security |
Third Circuit |
2021-09-08 |
Denied |
Response Waived |
non-discriminatory reason for an employment actio agency-employment-practices babb-v-wilkie civil-rights due-process federal-discrimination federal-employment federal-employment-discrimination job-related-tests non-discriminatory-reason professional-ability-standards title-vii |
Does an executive agency articulate a 'legitimate, non-discriminatory reason' for its employment action under the stricter standard applicable to the … |
| 21-5473 |
Jameson Rosado v. Merrick B. Garland, Attorney General |
Third Circuit |
2021-08-25 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-procedure civil-rights discrimination due-process eeoc-complaint employment employment-discrimination federal-employment federal-service retaliation |
Whether Jamie was ordered for the FFD to ultimately have him removed from federal service in retaliation for pursuing prior EEO activity |
| 21-9 |
Vincenza Presti v. Alejandro N. Mayorkas, Secretary of Homeland Security |
Seventh Circuit |
2021-07-07 |
Denied |
Response Waived |
civil-rights due-process eeoc-complaint employment-discrimination federal-employment retaliation title-vii workplace-discrimination workplace-retaliation |
Whether the Judicial system can be biased towards federal-employee-petitioners by denying them due-process and a hearing |
| 20-8107 |
Gregory Turner v. Merit Systems Protection Board |
Federal Circuit |
2021-05-21 |
Denied |
Response WaivedIFP |
discrimination due-process employment employment-discrimination federal-employment federal-government labor-investigation merit-system merit-system-protection-board veterans-preference |
Did the petitioner seek to get appeal heard by the Veteran's Employment and Training Service of U.S. Department of Labor |
| 20-7836 |
Derrick Michael Allen, Sr. v. Ted Wire, et al. |
Fourth Circuit |
2021-04-23 |
Dismissed |
IFP |
administrative-law age-discrimination appointment-procedure civil-rights constitutional-rights due-process employment employment-law federal-employment federal-question standing |
Whether the U.S. Court of Appeals erred in affirming the order of the district court to dismiss the Title VII civil rights and Age Discrimination in E… |
| 20-1175 |
Sandra DeMuth v. Small Business Administration, et al. |
Second Circuit |
2021-02-25 |
Denied |
Response Waived |
civil-rights discrimination due-process employment-discrimination federal-employment personnel-actions retaliation summary-judgment title-vii |
Does 'shall be made free from any discrimination' prohibit personnel actions where either discrimination and/or retaliation are a factor? |
| 20-1090 |
Thasha A. Boyd v. Department of Veterans Affairs, et al. |
Eleventh Circuit |
2021-02-10 |
Denied |
Response Waived |
administrative-law appellate-procedure civil-procedure due-process equitable-tolling federal-courts federal-employment judicial-review retroactive-legislation statutory-interpretation whistleblower-protection |
Whether the 60-day deadline for seeking judicial review pursuant 5 U.S.C. § 7703(b)(1)(B) and the FRAP sets a bar to an appeal, as the Eleventh Circui… |
| 20-1039 |
Elizabeth Aviles-Wynkoop v. Department of Defense |
Federal Circuit |
2021-01-29 |
Denied |
Response Waived |
5th-amendment administrative-law double-jeopardy due-process federal-employment federal-regulations fifth-amendment whistleblower |
Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without… |
| 20-6963 |
F. Allan Midyett v. Denis R. McDonough, Secretary of Veterans Affairs |
Eighth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
circuit-split civil-rights due-process employment-discrimination federal-criminal federal-employment indian-employment statutory-compliance veterans-affairs |
Whether the Secretary of the Department of Veterans Affairs can refuse to comply with provisions of 25 U.S.C. Ch. 36 to take adverse acts causing harm… |
| 20-435 |
Walton B. Campbell v. Ryan D. McCarthy, Secretary of the Army |
Fourth Circuit |
2020-10-06 |
Denied |
Amici (2)Response Waived |
civil-rights discrimination due-process federal-employment national-security retaliation security-clearance standing |
Whether the Court of Appeals for the Fourth Circuit correctly held, contrary to decisions of the D.C., Third, Ninth, and Tenth Circuits, that this Cou… |
| 19-748 |
John B. Lepore v. Office of Personnel Management |
Federal Circuit |
2019-12-12 |
Denied |
Response Waived |
administrative-judge-findings administrative-law annuity-calculation basic-pay civil-procedure civil-procedure-rule-52-a-6 creditable-service due-process fact-finding federal-employment government-benefits government-employee-retirement government-employment judicial-review retirement-benefits statutory-interpretation |
Whether the court below had the right to ignore the finding that the petitioner's retirement date was April 16, 1983 |
| 19-621 |
Thomas F. Sweeney v. Merit Systems Protection Board |
Fourth Circuit |
2019-11-14 |
Denied |
Response Waived |
administrative-procedure adverse-personnel-action agency-decision-making air-traffic-control civil-rights due-process employment-law federal-employment merit-systems-protection-board mspb personnel-action termination |
Is a final decision to terminate the training of a FAA Air Traffic Control Specialist — In Training employee by FAA management a reduction in grade or… |
| 19-586 |
Devona Hollingsworth v. Department of Veterans Affairs |
Federal Circuit |
2019-11-06 |
Denied |
|
due-process employment-rights federal-employment merit-systems-protection-board military-service opm-regulations probationary-period reemployment-rights termination uniformed-services userra |
Are USERRA's reemployment rights applicable to federal employees during their probationary period? |
| 19-144 |
James Thomas Ryan v. Department of Defense |
Federal Circuit |
2019-07-31 |
Denied |
Response Waived |
administrative-law civil-procedure constitutional-rights due-process employment federal-circuit federal-circuit-court-of-appeals federal-employment merit-systems-protection-board notice-and-opportunity personnel-action whistleblower-protection |
Can the government sustain a specification without giving the employee notice? |
| 19-143 |
Henry E. Gossage v. Merit Systems Protection Board |
Federal Circuit |
2019-07-30 |
Denied |
Response WaivedRelisted (2) |
5-usc-7701 administrative-appeal civil-rights due-process federal-employment merit-system-protection-board merit-systems-protection-board mspb-jurisdiction office-of-personnel-management preference-eligible-veteran service-connected-disability suitability-determination |
Whether the MSPB lacks jurisdiction over OPM's December 27, 2004 5 C.F.R. § 731 et seq. determination |
| 19-5318 |
Marilee Brown v. David Bernhardt, Secretary of the Interior, et al. |
Ninth Circuit |
2019-07-24 |
Denied |
Response WaivedIFP |
administrative-law civil-rights due-process employment equal-protection federal-employment federal-jurisdiction hostile-work-environment personnel-actions retaliation standing suicide whistleblower workplace-discrimination wrongful-removal |
Whether the lower court erred in dismissing the petitioner's claims |
| 18-9667 |
Loretta J. Alford v. Tina Ballard, et al. |
Fourth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
administrative-law civil-rights federal-employment general-services-administration government-employment inspector-general personnel-practices prohibited-personnel-actions prohibited-personnel-practices retaliation timecard-fraud whistleblower-protection |
Does the Javits-Wagner-O'Day Act indicate that the General Services Administration handles personnel actions for the AbilityOne Commission? |
| 18A1265 |
Qihui Huang v. Ajit Varadaraj Pai, Chairman of Federal Communications Commission, et al. |
District of Columbia |
2019-06-05 |
Presumed Complete |
|
administrative-agency equal-employment federal-employment pro-se-litigation retaliation workplace-discrimination |
Whether federal administrative agencies can engage in workplace discrimination and retaliation against employees without legal recourse |
| 18-1143 |
Ronald Lee Blake v. Federal Bureau of Investigation |
District of Columbia |
2019-03-05 |
Denied |
Response Waived |
administrative-law civil-procedure civil-rights due-process employment-determination employment-law expungement federal-employment federal-law-enforcement full-faith-and-credit standing state-felony-conviction |
can federal law enforcement employment determinations be based upon a state felony conviction that was expunged by operation of law within the state o… |
| 18-882 |
Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs |
Eleventh Circuit |
2019-01-09 |
Judgment Issued |
Amici (2)Relisted (2) |
but-for-causation causation civil-rights discrimination federal-employment federal-employment-discrimination personnel-actions retaliation statutory-interpretation title-vii |
Whether federal-sector personnel actions that are not made free from any discrimination or retaliation are permitted, as long as discrimination or ret… |
| 18-694 |
Derek T. Williams v. Merit Systems Protection Board, et al. |
Federal Circuit |
2018-11-27 |
Denied |
|
appeal-rights civil-rights current-continuous-service due-process federal-employment merit-systems-protection-board preference-eligible united-states-postal-service veterans-rights |
Whether a preference-eligible veteran maintains 'current continuous service in the same or similar positions' under § 7511(a)(1)(B) when the agency an… |