Case law

Rtskhiladze v. Mueller

District Court, District of Columbia · May 30, 2025

In its prior opinion, the Court accepted the government’s argument that Rtskhiladze had not established standing for his injunctive and declaratory claims.” Id. at *7. … not an impediment to the application of the APA’s sovereign immunity waiver.”

De Sousa v. Central Intelligence Agency

239 F. Supp. 3d 179 · District Court, District of Columbia · Mar 9, 2017

Nevertheless, the Court notes that to the extent that the Secretary of Defense and the President were trading letters concerning the appropriate course of action, those letters clearly “‘reflect[] the give-and-take of the … between the author and recipient of challenged records is not one of subordinate and superior officials, when the role of the author is as an advice-giver rather than a decision-maker, this militates in favor of the document qualifying

Leopold v. Manger

District Court, District of Columbia · Mar 10, 2026

Defendants’ argument that “[p]laintiffs must identify a waiver of sovereign immunity that is unequivocally expressed in statutory text,” was rejected in reliance on the Larson-Dugan exception to sovereign immunity. … Instead, the Circuit said, Nixon’s reference to “‘public records and documents, including judicial records,’” “clearly implies that judicial records are but a subset of the universe of documents to which the common law

Beaty v. Food and Drug Administration

853 F. Supp. 2d 30 · District Court, District of Columbia · Mar 27, 2012

Thiopental is clearly a new drug because the FDA has never reviewed or approved the drug. See PIs.' SUMF ~ 15. … discretion to the Executive Branch's prosecutorial discretion, agreed and upheld the FDA's decision, holding that the FDA's refusal to commence an enforcement action through the civil or criminal process was presumptively immune

Cow Creek Band of Umpqua Tribe of Indians v. United States Department of the Interior

District Court, District of Columbia · Feb 19, 2025

Plaintiffs and Coquille dispute whether such relief is foreclosed by Coquille’s sovereign immunity. … Reply at 6 (arguing that “Coquille waived its sovereign immunity when it sought to intervene in this case”).

Carabillo v. Ullico, Inc.

357 F. Supp. 2d 249 · District Court, District of Columbia · Sep 30, 2004

1, 1983, and “the Non-qualified Deferred Compensation Plan” (“Deferred Compensation Plan”), 2 established on August 1, 1998. … Republic of Angola, 216 F.3d 36, 40 (D.C.Cir.2000); In re Swine Flu Immunization Products Liability Litigation, 880 F.2d 1439, 1442-43 (D.C.Cir.1989). II.

Fredericks v. United States Department of the Interior

District Court, District of Columbia · Jul 2, 2021

In particular, and importantly, it is well established that “[n]either the Tucker Act nor the Indian Tucker Act creates substantive rights; they are simply jurisdictional provisions that operate to waive sovereign immunity … Mitchell, 463 U.S. 206, 224 (1983) (“Mitchell II”) (quoting 25 U.S.C. § 406(a)), it has concluded that those provisions “clearly establish fiduciary obligations of the Government in the management and operation of Indian

Frost v. Islamic Republic of Iran

District Court, District of Columbia · May 31, 2019

As a result, “a plaintiff that offers proof sufficient to establish a waiver of foreign sovereign immunity under § 1605A(a) has also established entitlement to relief as a matter of federal law” if the plaintiff is a citizen … that established jurisdiction.

Smith v. United States

518 F. Supp. 2d 139 · District Court, District of Columbia · Oct 9, 2007

United States (In re Swine Flu Immunization Prods. … United States, 234 F.Supp. 586, 587 (E.D.S.C. 1964) (“The law is clearly established that insanity or mental incompetency does not suspend or toll a Federal Statute of Limitations such as the one involved in this action.”

Williams v. Johnson

794 F. Supp. 2d 22 · District Court, District of Columbia · May 23, 2011

evidence — in support of its position, or (b) demonstrate that the materials relied upon by the opposing party do not actually establish the absence or presence of a genuine dispute. … introducing evidence concerning the difference between her purportedly lower earnings in her new position with the federal government and her expected earnings had she remained employed by the District of Columbia, both parties clearly

Hylton v. District of Columbia Office of Risk Management

District Court, District of Columbia · Mar 25, 2026

And, because “[i]t is to be presumed that a cause lies outside [the Court’s] limited jurisdiction,” Kokkonen, 511 U.S. at 377, the plaintiff bears the burden of establishing by a preponderance of the evidence that a district … The District Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(6) The District defendants move to dismiss the plaintiff’s Complaint pursuant to Rule 12(b)(6) because, as clearly indicated in the plaintiff’s Complaint

Reaves v. United States Department of Justice

355 F. Supp. 2d 510 · District Court, District of Columbia · Feb 1, 2005

-Because the Court finds that Count I of plaintiffs’ complaint does not state any cognizable cause of action, and that Count II of the complaint establishes no “case or controversy” with respect to the federal defendants, … Such a claim unquestionably is not cognizable under Section 5: the Supreme Court has clearly held that Congress intended the Attorney General’s decision whether or not to object to a proposed voting change under Section 5

National Security News Service v. United States Department of the Navy

584 F. Supp. 2d 94 · District Court, District of Columbia · Oct 31, 2008

While the requested patient admission records appear to qualify as “medical files,” the Court need not make that determination because the Court finds that the records clearly qualify as “similar files” as defined by the … Disclosure “Would Constitute a Clearly Unwarranted Invasion of Personal Privacy” Within the Meaning of Exemption 6 Whether disclosure of the requested patient admission records “would constitute a clearly unwarranted invasion

Lott v. Not-For-Profit Hospital Corporation

District Court, District of Columbia · Nov 8, 2017

To the extent Plaintiff is raising sovereign immunity because of Stevens, he is misguided. … Plaintiff’s single expression of a qualified opinion of potential liability is a far cry from the type of full-throated opposition DeMasters contemplated as qualifying for protection.

Egudu v. District of Columbia

72 F. Supp. 3d 34 · District Court, District of Columbia · Oct 29, 2014

They argue that even accepting plaintiff’s version of the facts, the alleged force was reasonable under the circumstances, and Officer Jimenez is therefore entitled to qualified immunity. Id. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly

Singer v. Islamic Republic of Iran

District Court, District of Columbia · Jun 17, 2024

Plaintiffs seek in personam relief, raising the key question whether defendant is entitled to immunity under the “state sponsor of terrorism” exception set forth in §1605A. 4 “[T]he FSIA establishes a general … Thus, the bombing qualifies as an “extrajudicial killing[] as defined by the FSIA.” Id.

Lee v. United States

570 F. Supp. 2d 142 · District Court, District of Columbia · Aug 14, 2008

A non-moving party, however, must establish more than the “mere existence of a scintilla of evidence” in support of its position. Id. at 252 , 106 S.Ct. 2505 . … This waiver is partially qualified, however, such that in the case of a claim arising out of the operation of an emergency vehicle on an emergency run the District shall be liable only for gross negligence.

Rosedale & Linden Park Co. v. Smith

595 F. Supp. 829 · District Court, District of Columbia · Oct 9, 1984

Horvath is not qualified. … Evidence presented on remand ‘‘clearly establish[ed]’’ that Ms. Horvath’s language abilities would meet the requirements of the certified job offer. .

Equal Employment Opportunity Commission v. District of Columbia, Department of Human Services

729 F. Supp. 907 · District Court, District of Columbia · Jan 31, 1990

A plaintiff can establish a prima facie case of discrimination by demonstrating that the individual: (1) belongs to the statutorily protected age group; (2) was qualified for the position; (3) was not hired; and (4) was disadvantaged … Furthermore, this experience was clearly noted on his application. While the interview panel did ask Dr.

Fields v. District of Columbia Department of Corrections

789 F. Supp. 20 · District Court, District of Columbia · Apr 9, 1992

To establish personal liability in this § 1983 action, Plaintiff must show that Dr. Allen, acting under the color of state law, caused the deprivation of a federal right. See Kentucky v. … Allen attempts to defend on the ground of qualified immunity, citing Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S.Ct. 2727, 2736 , 73 L.Ed.2d 396 (1982).