Case law

United States v. Chun Lin Zhang

358 F. Supp. 3d 157 · District Court, District of Columbia · Feb 11, 2019

The waiver is not the equivalent of receiving express consent from the Attorney General to reapply for admission nor would it convey upon defendant any sort of retroactive immunity with respect to the allegedly completed … However, subsection (a) clearly is not limited in scope to only those aliens identified in 8 U.S.C. § 1326 (b). V. Conclusion The government's motion (Docket # 57) is allowed to the extent set forth herein.

Narragansett Indian Tribe v. Hendrickson

District Court, District of Columbia · Mar 15, 2022

But the programmatic agreement contained no provision requiring the waiver of sovereign immunity. Id. ¶ 31. … If Narragansett decides to try again, the Court strongly encourages Narragansett to address—separately and clearly—each of the Agency’s arguments. C.

Acupuncture Center of Washington v. Brennan

364 F. Supp. 1038 · District Court, District of Columbia · Oct 5, 1973

Lorenzo White, the Reviewing Officer: In addition, the clientele to be served by such an establishment in this community must be primarily English speaking. … The fact that the National Registry for Engineers lists only two hundred possible qualified engineers in the entire country available for the job in question does not in this court’s eyes establish a necessary record of sufficient

Royer v. Federal Bureau of Prisons

933 F. Supp. 2d 170 · District Court, District of Columbia · Mar 28, 2013

The Court does not decide whether this link should qualify Royer as a “terrorist inmate.” However, if the Privacy Act applies, his association with LET is irrelevant. … Despite the fact that Royer’s claims clearly arise under the constitution, BOP argues that they are precluded by sovereign immunity. 10 Sovereign immunity is a jurisdictional issue and thus may be raised in a 12

Flores v. Islamic Republic of Iran

District Court, District of Columbia · Sep 24, 2025

The connection between AQI and various IEDs is well established. … The Court nevertheless finds that his killing qualifies as an extrajudicial killing that supports Cervantes-Barroso’s injury claim.

Greer v. Board of Trustees University of District of Columbia

113 F. Supp. 3d 297 · District Court, District of Columbia · Jul 10, 2015

Greer was fully qualified.” (Id. ¶¶ 20-21). … The Court rejected the theory, on which the Fifth Circuit had affirmed the grant of summary judgment, that because § 1983 might trigger certain theories not implicated in other suits – e.g. qualified immunity – it was

Pharmaceutical Research & Manufacturers of America v. United States

135 F. Supp. 2d 1 · District Court, District of Columbia · Jan 18, 2001

As will be discussed in more detail below, this qualifier becomes a central point of contention between the parties. … United States, 595 F.Supp. 14, 18 (D.D.C.1984) (attempt to alter status quo, rather than preserve it, must be supported by showing that "the facts and law clearly support” such a change).

Sabra v. Pompeo

District Court, District of Columbia · Apr 2, 2020

Passport or CRBA certainly qualifies as a ‘right or privilege as a national.’” (quoting 8 U.S.C. § 1503)). … “It is well-established that sovereign immunity does not bar suits for specific relief against government officials where the challenged actions of the officials are alleged to be unconstitutional or beyond statutory

Patterson v. Harris

District Court, District of Columbia · Oct 8, 2019

On December 27, after legal proceedings not clearly described in his Complaint, he was sentenced to 120 days’ imprisonment for “Direct Criminal Contempt.” Id., ¶ 66. … Bivens establishes a private cause of action for damages against individual federal officers who commit constitutional violations. See Corr. Servs. Corp. v. Malesko, 534 U.S. 61, 66 (2001).

Sierzega v. Ashcroft

358 F. Supp. 2d 3 · District Court, District of Columbia · Feb 28, 2005

Thus, the plaintiff has not established a “liberty interest” by virtue of her mere application for a position with the federal government. Id. … Sierzega had established a liberty interest in her employment, the FBI, by withdrawing her conditional offer, did not deprive her of that interest.

Shoham v. Islamic Republic of Iran

District Court, District of Columbia · Jun 1, 2017

The fourth element, causation, is necessary to overcome sovereign immunity and establish subject matter jurisdiction. … CONCLUSION In sum, although plaintiffs evidence clearly establishes links between Iran, Hezbollah, Fatah Tanzim, and AAMB, the FSIA requires plaintiffs to establish causation between a defendant's conduct and plaintiffs

Perisic v. Kim

District Court, District of Columbia · Oct 24, 2019

Perisic], as a pro se plaintiff, some leniency in applying the rules for effecting service of process, particularly here, in which [Cigna] was clearly put on notice of [Ms. … Utah Mar. 26, 2019) (holding that the World Bank Group’s medical insurance plan qualifies as a governmental plan exempt from ERISA’s coverage). Ms.

Price v. District of Columbia

545 F. Supp. 2d 89 · District Court, District of Columbia · Apr 9, 2008

Defendant Brown also moved to dismiss the claims against him based on qualified immunity. Def. Brown’s Mot. at 4. … District of Columbia, 73 F.3d 418, 424 (D.C.Cir. 1996) (“stating that qualified immunity [is] available only in individual capacity suits....”). 6 .

Kickapoo Tribe of Indians v. Babbitt

827 F. Supp. 37 · District Court, District of Columbia · Jul 13, 1993

Rule 19 establishes a two-prong test, both parts of which must be met before a court may dismiss plaintiffs’ complaint for failure to join an indispensable party. … set forth a mandate in 25 U.S.C. § 2710 (d)(8) that is, for once, remarkably clear. 11 The statute gives the Secretary the authority to approve Tribal-State compacts, § 2710(d)(8)(A), a permissive authority that then is qualified

Robinson v. District of Columbia Government

965 F. Supp. 2d 90 · District Court, District of Columbia · Aug 30, 2013

A motion pursuant to Rule 12(c) is appropriately granted when, at the close of the pleadings, “no material issue of fact remains to be resolved, and [the movant] is clearly entitled to judgment as a matter of law.” … Plaintiff argues that the reports put the District on notice of the problems with its officers’ use of excessive force and that they “establish the liability of the District” or at the very least, establish that there

Mpoy v. District of Columbia

District Court, District of Columbia · Sep 11, 2023

immunity, and (2) plaintiff failed to exhaust his administrative remedies under Title VII. … Plaintiff has pleaded no facts establishing a constitutional violation.

Lockamy v. Truesdale

182 F. Supp. 2d 26 · District Court, District of Columbia · Oct 15, 2001

Lockamy was qualified for the GS-12 position, he did not apply for the position. … As a man in his mid-50s, the plaintiff clearly establishes that he was a member of the protected class because he is over the age of 40. See Compl. at 10. Likewise, Mr.

Redes Andinas De Comunicaciones S.R.L. v. Republic of Peru

District Court, District of Columbia · Jul 22, 2025

But there are exceptions to that presumptive immunity. 28 U.S.C. §§ 1605–07. … Superficially, the Supreme Decree qualifies. But it does not clearly establish PRONATEL’s “independence or autonomy” from the Ministry. See Sur-Reply at 4–5.

Pettiford v. Secretary of the Navy

858 F. Supp. 2d 86 · District Court, District of Columbia · May 3, 2012

Additionally, procedures and policy to use OMPFs for comparison were not established until CY 2000. … However, where regularly scheduled selection boards are tasked with selecting the ‘best and fully qualified’ Marines; remedial boards are tasked with selecting ‘fully qualified’ Marines, as allocation

In the Matter of the Federal Bureau of Prisons' Execution Protocol Cases

District Court, District of Columbia · Aug 27, 2020

The plaintiff bears the burden of establishing the invalidity of the agency’s action. Id. III. DISCUSSION A. … It is well established that “an agency’s decision not to take enforcement action should be presumed immune from judicial review under § 701(a)(2).” Cook, 733 F.3d at 6 (quoting Chaney, 470 U.S. at 832).