Case law

Kramer v. Secretary of Defense

39 F. Supp. 2d 54 · District Court, District of Columbia · Mar 25, 1999

If the moving party meets its burden, the burden then shifts to the non-moving party to establish that a genuine issue as to any material fact actually does exist. See Matsushita Elec. Indus. Co. v. … In its April 7, 1997 memorandum order, this court .ruled that sovereign, immunity has been waived with respect to the equitable claims at issue here. Mem. Order at 3-4. 5 .

Downing v. Tapella

729 F. Supp. 2d 88 · District Court, District of Columbia · Jul 27, 2010

Eley’s perspective is clearly not germane to the decision to not select plain *96 tiff and to the specific individual complaint that decision has prompted. … In sum, plaintiff has failed to meet his burden “to establish that the proffered reasons are a pretext for discrimination” after defendant has articulated “a legitimate reason.” 4 See Hussain v.

Giles v. Ashcroft

193 F. Supp. 2d 258 · District Court, District of Columbia · Apr 8, 2002

The Amended Complaint alleges an inability to obtain signatures from qualified voters for submission by the March 1, 2000, candidate qualifying deadline. … were certified as qualified electors.

Rocha v. Brown & Gould, LLP

101 F. Supp. 3d 52 · District Court, District of Columbia · Apr 30, 2015

Rocha does not respond to Defendants’ lengthy judgmental immunity argument, nor does she challenge the many judgmental immunity cases that Defendants cite. Instead, Mrs. … Rocha fails to establish a legally distinct cause of action for breach of fiduciary duty. See Macktal, 111 F.

Silva v. Cleary Gottlieb Steen & Hamilton, LLP

253 F. Supp. 3d 119 · District Court, District of Columbia · May 25, 2017

framework established in McDonnell Douglas Corp. v. … Plaintiff has adduced no direct evidence of discrimination; he attempts to establish pretext by arguing that he was significantly more qualified than the employees who received new projects. Pl.’s Opp. at 6–8.

Zander v. Department of Justice

District Court, District of Columbia · Oct 31, 2012

Cir. 1977), which they read as establishing a narrower attorney-client privilege in the FOIA context, does not control. … Cir. 2005) (holding that “segregability is not required” for document protected by work-product immunity because, unlike a privilege, work-product immunity protects the facts themselves, so the document is immune in its

Baker v. United States

127 F. Supp. 644 · District Court, District of Columbia · Jan 28, 1955

Under the Federal Tort Claims Act the Government has waived its sovereign immunity only as to those claims falling squarely within the four corners of the Act. … To grant plaintiffs’ relief would *649 be to materially enlarge that qualifying phrase of the act which limits Government liability to wrongful acts of its employees committed within the scope of such employment or office

Gonzalez v. Holder

District Court, District of Columbia · Feb 8, 2011

Appx. 942, 954 (10th Cir. 2010) (affirming dismissal of Bivens claim against warden because the denial of a grievance regarding treatment for Hepatitis C does not establish his participation in alleged constitutional violation … immunity as affirmative defenses.

Nabaya v. Aber

District Court, District of Columbia · Mar 31, 2018

However, it is well established—as explained in of Columbia. In addition, he has not alleged that he himself resides in the District of Columbia. See Compl.; Am. … Am. at 1-2, which clearly falls within the scope of Sroka’s duties as a government attorney.

Iweala v. Operational Technologies Services, Inc.

634 F. Supp. 2d 73 · District Court, District of Columbia · Jul 14, 2009

In Egbuna , the Fourth Circuit held that a plaintiff is entitled to remedies under Title VII “only upon a successful showing that the applicant was qualified for employment.” 153 F.3d at 187 . … OTS identifies no congressional action clearly intending to limit the scope of these broad statutes to exclude foreign nationals without proper work authorizations.

National Security Archive v. U.S. Department of Defense

690 F. Supp. 17 · District Court, District of Columbia · Jun 16, 1988

Hatch stated that “we are removing the language ‘nonprofit group that intends to make the information available’ to clarify that organizations seeking to establish private repositories of public records shall not qualify … Given the deletion of express language that would have applied to plaintiff, the Court cannot conclude that Congress clearly intended to include an entity like plaintiff in the remain *21 ing categories in 5 U.S.C. § 552

Tripoli Rocketry Ass'n v. United States Bureau of Alcohol, Tobacco, Firearms, & Explosives

337 F. Supp. 2d 1 · District Court, District of Columbia · Mar 19, 2004

This is not the case here, as Congress clearly mandated that the ATF publish a list of explosives *7 annually. … The plaintiffs assert that sport rocket motors qualify as PADs and therefore are exempt from the OCCA.

Hampton v. Comey

District Court, District of Columbia · Feb 8, 2016

And “even if the [arrest] warrant were not valid for some reason . . . the fact that the government agents acted on what appeared to be a facially valid warrant would be enough to cloak them with qualified immunity and … Nor has plaintiff alleged the existence of a clearly established constitutional right. Thus, plaintiff’s Fifth Amendment claims in Counts VII and XI will be dismissed in their entirety. 3.

Motley-Ivey v. District of Columbia Metropolitan Police Department

923 F. Supp. 2d 222 · District Court, District of Columbia · Feb 14, 2013

District of Columbia, 8 A.3d 1206, 1214 (D.C. 2010) (characterizing § 12-309 as a “condition of a waiver of sovereign immunity by the District of Columbia”). … Cir. 2002), disciplinary actions that result in suspensions without pay, as here, clearly constitute adverse employment actions, Holbrook v. Reno, 196 F.3d 255, 263 (D.C. Cir. 1999); Saint-Jean v.

United States v. Haight

District Court, District of Columbia · Jun 17, 2025

The Government concedes that Haight qualifies for a sentence reduction under the amendment but opposes its application here. See ECF No. 136 (Opp.) at 1. … Since he is clearly eligible for the reduction, Defendant’s request thus turns on a balance of the § 3553(a) factors, which require the Court to consider: (1) the nature and circumstances of the offense and

Pinkney v. District of Columbia

439 F. Supp. 519 · District Court, District of Columbia · Oct 18, 1977

These cases establish that the existence of the requisite property interest is a question of local law 27 to be decided by examining relevant statutes, ordinances, administrative regulations, personnel guidelines and policies … from other relevant facts — that he has a legitimate claim of entitlement to job tenure,” to succeed he must connect the circumstances of his employment to institutional policy in a way that indicates that his situation qualifies

Freedom Watch, Inc. v. National Security Agency

197 F. Supp. 3d 165 · District Court, District of Columbia · Jul 7, 2016

DoD has established it has done just that. Mr. … DoD has sufficiently established how its limited Exemption 3 with-holdings are' properly the subject of these two statutes. Mr.

Patel v. Bureau of Prisons

125 F. Supp. 3d 44 · District Court, District of Columbia · Aug 21, 2015

Given the availability of qualified immunity, it would be anomalous if actual government officials were wholly immune from personal liability for even clear RFRA violations while private citizens “acting under color of … BOP’s current showing is insufficient to establish that the document in question is privileged.

Aguilar v. Salazar

626 F. Supp. 2d 36 · District Court, District of Columbia · Jun 18, 2009

A “genuine issue” is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. … A nonmoving 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 .

Lewis v. Drug Enforcement Administration

777 F. Supp. 2d 151 · District Court, District of Columbia · Apr 15, 2011

An example of such unfairness would be when the losing party clearly lacked any incentive to litigate the point in the first trial, but the stakes of the second trial are of a vastly greater magnitude. Id. … In resolving the Bivens claims brought against DEA Special Agents Van Dorple and Feeney, and their qualified immunity defense, the Florida district court found it “clear from the record that a warrant to search Plaintiffs