Case law

Captain Joyce L. Bois v. John O. Marsh, Jr., in His Official Capacity as Secretary of the Army Captain Joyce L. Bois v. John O. Marsh, Jr., in His Official Capacity as Secretary of the Army

801 F.2d 462 · Court of Appeals for the D.C. Circuit · Sep 12, 1986

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), provides officials who have acted in objective good faith, which includes unconstitutional behavior that at the time was not clearly established as such, … Of course, it would be necessary for the District Court to determine on remand whether a Mindes-type balance tips in favor of appellant, and whether other thresholds of Sec. 1985(3) and qualified immunity have been overcome

Senate Permanent Subcommittee on Investigations v. Carl Ferrer

856 F.3d 1080 · Court of Appeals for the D.C. Circuit · May 16, 2017

We have no need to address the first requirement, for Ferrer clearly fails the second. … “A ‘theoretical possibility,’ . . . is not sufficient to qualify as ‘capable of repetition’[;] . . . . [t]here must instead be a ‘reasonable expectation’ or ‘demonstrated probability’ that the action will recur.”

E Bay Muni Util Dist v. COMM

Court of Appeals for the D.C. Circuit · May 1, 1998

It is true that there is a potential ambiguity in s 9620(a)(1)'s qualifying clause, "in the same manner and to the same extent ... as any nongovernmental entity." … Mere unsecured credit, unaccompanied by the "actual" managerial control needed for a secured creditor, clearly cannot give rise to operator liability.

Whitaker, Julian v. Thompson, Tommy

353 F.3d 947 · Court of Appeals for the D.C. Circuit · Jan 9, 2004

with other evidence to establish such intent. … Under this view, a health claim would be relevant but not sufficient to establish that a product is a drug.

Jacqueline Halbig v. Sylvia Mathews Burwell

758 F.3d 390 · Court of Appeals for the D.C. Circuit · Jul 22, 2014

. §§ 18021 (a)(1), 18031(c)(1) (establishing requirements for “qualified health plans”). … Section 1312(a)’s actual language simply establishes the right of a qualified individual to enroll in any qualified health plan, at any level of coverage. 7 On this reading, giving the phrase “established by the State” its

ACA Int'l v. Fed. Commc'ns Comm'n

885 F.3d 687 · Court of Appeals for the D.C. Circuit · Mar 16, 2018

So which is it: does a device qualify as an ATDS only if it can generate random or sequential numbers to be dialed, or can it so qualify even if it lacks that capacity? … Two TCPA provisions work together to establish the reach of the general prohibition against making autodialer calls without prior consent.

Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Bruce Babbitt, in His Official Capacity as Secretary of the Interior

43 F.3d 1491 · Court of Appeals for the D.C. Circuit · Jan 13, 1995

Clearly, as the district court assumed, the State of Kansas has an interest in the validity of a compact to which it is a party, and this interest would be directly affected by the relief that the Tribe seeks. … Vigorous defense of its immunity in separate litigation cannot alone establish bad faith by the State. See supra note 11; cf. Wichita & Affiliated Tribes, 788 F.2d at 776.

Darrell Debrew v. Atwood

Court of Appeals for the D.C. Circuit · Jun 30, 2015

Sovereign Immunity As the defendants point out, it is well established that “[a]bsent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” FDIC v. … In his opposition to the defendants’ motion to dismiss, DeBrew quoted § 702 and correctly explained that the “[w]aiver of Sovereign Immunity for equitable relief is established under the Administrative Procedure Act.”

United States v. Robert S. Friedrick

842 F.2d 382 · Court of Appeals for the D.C. Circuit · Mar 11, 1988

In our view, studied silence in this context is consistent with a continuation of the already established pattern; it is emphatically not a signal of an investigative volte face. … As to the first argument, clearly the polygraph waiver was just that, nothing more.

Cook v. Boorstin

763 F.2d 1462 · Court of Appeals for the D.C. Circuit · Jun 7, 1985

The evidentiary approach recommended by the Library would thus do much to immunize from Title VII attack those sectors of the work force most in need of integration. See Bartholet, supra, at 948-49. … Those cases establish only that the percentage of minority employees selected for a given position should be compared to the percentage of minority candidates in the pool of persons qualified for that position, not that the

Deaf Smith County Grain Processors, Inc. v. Glickman

162 F.3d 1206 · Court of Appeals for the D.C. Circuit · Dec 29, 1998

With respect to the DAP claim, the court held that the "administrative record in this case clearly demonstrates that defendant's actions in establishing the yields in question were reasonable and that defendant had a rational … immunity has not been waived.

Iztok Plevnik v. Eugene Sullivan

Court of Appeals for the D.C. Circuit · Aug 5, 2025

To rebut the certification, a plaintiff must “alleg[e] sufficient facts that, taken as true, would establish that the defendant[’s] actions exceed the scope of [his] employment.” Stokes v. … That bar for discovery is high, in part, because the “Westfall Act confers absolute, not merely qualified, immunity upon federal employees acting within the scope of their official duties.” Id.

James Walker v. Walter E. Washington, Mayor District of Columbia

627 F.2d 541 · Court of Appeals for the D.C. Circuit · Jul 16, 1980

Walker has not established that the program activity record requirement violates his constitutional rights. … That decision, which involves municipalities and immunity under 42 U.S.C. § 1983 , is inapposite in this case, which poses no question of immunity under § 1983. 6 .

Margaret Dong v. Smithsonian Institution, Hirshhorn Museum & Sculpture Garden

125 F.3d 877 · Court of Appeals for the D.C. Circuit · Dec 3, 1997

It is plain that the Smithsonian is not an establishment in the executive branch. … Thus Congress evidently viewed the four specified classes as examples of “establishments in the executive branch,” so that an entity clearly outside the executive branch would not qualify even if it could otherwise be shoehorned

The Washington Post Company v. United States Department of State, the Washington Post Company v. United States Department of State

647 F.2d 197 · Court of Appeals for the D.C. Circuit · Feb 24, 1981

That provision protects “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” … files” and (2) disclosure would constitute a “clearly unwarranted invasion of personal privacy.”

Betty G. Browning v. Clerk, U.S. House of Representatives

789 F.2d 923 · Court of Appeals for the D.C. Circuit · Jul 8, 1986

Along with the power to formulate legislation and the power to communicate within the legislature, the power to investigate clearly falls within the legislative sphere. See Eastland, 421 U.S. at 504 , 95 S.Ct. at 1822 . … “In the American governmental structure the clause serves the additional function of reenforcing the separation of powers so deliberately established by the Founders.” United States v.

William Havens v, Raymond Edwin Mabus, Jr., Secretary of the Navy Chairman, Board for Corrections of Naval Records

759 F.3d 91 · Court of Appeals for the D.C. Circuit · Jul 25, 2014

Instruction 1850.4E established a similar process, making a number of changes not relevant here. … Id.  4 Qualified” or “Not Physically Qualified” 3 to continue serving.4 Id. at 4-8.

Johnston Broadcasting Co. v. Federal Communications Commission

175 F.2d 351 · Court of Appeals for the D.C. Circuit · May 4, 1949

Both A and B may be qualified, but if a choice must be made, the question is which is the better qualified. Both might be ready, able and willing to serve the public interest. … The basis for the conclusion of the Commission is clearly stated.

Warmbier v. Democratic People's Republic of Korea

356 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Dec 24, 2018

Fourth Element: Actions of North Korea Qualify for the Terrorism Exception Finally, as detailed below, the plaintiffs have provided ample evidence to establish the fourth element: that their damages arise from North Korea's … Circuit has explained that while a plaintiff may rely on "alternative sources of substantive law," including "state tort law," to bring a claim against a foreign state after establishing a waiver of sovereign immunity through

Krodel v. Young

748 F.2d 701 · Court of Appeals for the D.C. Circuit · Nov 20, 1984

The question of discriminatory intent, moreover, is a finding of fact subject to the “clearly erroneous” standard of review established in Rule 52(a) of the Federal Rules of Civil Procedure. … The district court held that Krodel established a prima facie case by demonstrating (1) that he belongs to the statutorily protected age group (40-70 years), (2) that he was, by the government’s own admission, qualified for