Case law

Penkoski v. Bowser

District Court, District of Columbia · Jul 12, 2021

Either (a) the Mural is government speech immune from a viewpoint 10 Another Judge in this District concluded that the Mural was government speech. See Frederick Douglass Found., Inc. v. District of Columbia, No. … So the Court considers this question anew. 9 discrimination claim but at risk of violating the Establishment Clause, or (b) it is private speech safe from the Establishment

Rene v. Granholm

District Court, District of Columbia · Dec 20, 2022

Supp. 2d 78, 92 (D.D.C. 2005) (“Occasional instances of less favorable treatment involving ordinary daily workplace decisions are not sufficient to establish a hostile work environment.”). … As this Court already explained, he failed to state a plausible hostile-work-environment claim and so clearly cannot meet the more stringent standard required for constructive discharge.

Lightfoot v. District of Columbia

339 F. Supp. 2d 78 · District Court, District of Columbia · Sep 24, 2004

This policy determination process — which Defendants are clearly undertaking when setting out unwritten termination, suspension and modification procedures which affect Plaintiffs’ property interests — is clearly substantive … contrary to established precedent.

Neuma Corp. v. Abdnor

713 F. Supp. 1 · District Court, District of Columbia · Apr 4, 1989

The SBA then subcontracts with qualifying small businesses, which actually provide services directly to the procuring agency. Id. § 637(a)(1). … Discovery is clearly the strictly-limited exception rather than the established rule, and Neuma has not . submitted anything — such as bad faith on the part of SBA officials or inadequate fact-finding procedures — that would

Oconus Dod Employee Rotation Action Group v. Cohen

140 F. Supp. 2d 37 · District Court, District of Columbia · Mar 27, 2001

In particular, Plaintiffs assert that: (1) the five-year policy applies only to GS-12 positions or higher, and thus, qualified and experienced replacements are difficult to find; (2) the lengthy security clearance process … The Interim Guidance is clearly not inconsistent with CPM 301.4. In fact, the Interim Guidance expressly reaffirmed that CPM Subchapter 301.4 set forth the criteria for granting extensions. See Def.’s Mot. at Ex. 5.

Kas v. Financial General Bankshares, Inc.

105 F.R.D. 453 · District Court, District of Columbia · Oct 19, 1984

Davis, 371 U.S. 178 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962), the Supreme Court established the standard for granting leave to amend. … The amendment which plaintiffs propose is clearly related in substance to the thrust of plaintiffs’ original complaint and the first amended complaint in which plaintiffs alleged misstatements and misrepresentations by defendants

Henderson v. United States Department of Justice

157 F. Supp. 3d 42 · District Court, District of Columbia · Jan 29, 2016

Exemption 6 protects “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). … The Court is satisfied that “the names and related telephone and email identifying information” about government employees and stenograph court reporters, see Jolly Decl. ¶ 20, qualify as “similar files” insofar as this

Dun v. Transamerica Premier Life Insurance Company

District Court, District of Columbia · Jul 15, 2020

There, the Court summarily reversed a lower court that had dismissed the plaintiffs’ case against a municipality for failing to expressly cite 42 U.S.C. § 1983 in their complaint, even though the complaint clearly recounted … But “self-inflicted prejudice does not qualify as manifest injustice” under Rule 59(e). Mohammadi, 947 F. Supp. 2d at 81.

City of Rome, Ga. v. United States

472 F. Supp. 221 · District Court, District of Columbia · Apr 9, 1979

Although Rome is clearly not a “political subdivision” for purposes of section 4(a), a stronger argument can be made that, under Sheffield, it is a “State” within the meaning of that section. … Finney, 437 U.S. 678 , 98 S.Ct. 2565 , 57 L.Ed.2d 522 (1978), upholding the Civil Rights Attorney’s Fees Awards Act of 1976 against the claim that it infringed the states’ Eleventh Amendment immunity. .

Cuti v. Barr

District Court, District of Columbia · Sep 29, 2022

Cuti’s attorney reports that he “contacted three locations advertised online as target and/or bird hunting facilities . . . and spoke either to management or ownership,” and, “[i]n each case[,] they clearly stated that … Applying the canon to the three types of enumerated crimes, the Eighth Circuit deduced that they all “clearly involve negative effects on consumers or commerce.” Id.

Grand Jury Proceedings

District Court, District of Columbia · Apr 8, 2022

Unseal & Unrestricted Prod. of His Grand Jury Tr. at 2, ECF No. 19, and included an excerpt clearly reflecting the D.C. … That rationale further helps such a witness establish a “particularized need” for a transcript copy, if that is the standard a witness is required to meet.

Thompson v. Cushwa

District Court, District of Columbia · Mar 9, 2020

The government now moves to dismiss the complaint, arguing that Thompson’s claims must be brought through a petition for writ of habeas corpus and that his claims for money damages are barred by both sovereign or qualified … immunity.

Friends of Animals v. United States Bureau of Land Management

232 F. Supp. 3d 53 · District Court, District of Columbia · Feb 7, 2017

Clearly, if the high end of a population’s sustainable range is 390, and there are over 900 horses in the current population, then there is an “excess” population, which the Secretary must correct. … Supp. at 1571.   18 distress might qualify as irreparable harm where the challenged defendant is taking action that could kill (or seriously injure) significant

Butler Amusements, Inc. v. U.S. Department of Labor

District Court, District of Columbia · Aug 26, 2025

Statutory Background The Immigration and Nationality Act of 1952 (“INA”) “established the modern framework for regulation of immigration in the United States, including provisions for the admission of permanent … Article III of the Constitution vests “[t]he judicial Power of the United States . . . in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” U.S.

National Fair Housing Alliance v. Travelers Indemnity Company

261 F. Supp. 3d 20 · District Court, District of Columbia · Aug 21, 2017

Supp. 3d at 572 (“[e]ven if landlords have the prerogative under federal law to reject Section 8 tenants, there is no sound reason why insurers should be immunized from claims of discrimination when such landlords have decided … The plaintiffs’ expert “compare[d] the percentages of Hispanics and whites who were qualified home buyers in the identified price ranges in the Yuma market” during 2007–2009. Id. at 1049.

United States v. Wright

233 F. Supp. 3d 165 · District Court, District of Columbia · Feb 2, 2017

The distributed photograph clearly shows the robber’s face. Gov’t Ex. H-7. … Wright had not signed the waiver, that would not conclusively establish that he had not waived his Miranda rights.

Sparrow v. Washington Metropolitan Area Transit Authority

District Court, District of Columbia · Jul 26, 2024

WMATA’s policies permit employees to take extended periods of FMLA leave as well as intermittent leave for qualifying reasons, including the birth of a child. … WMATA claims that the “only possible employment decision that qualifies as materially adverse” is the three-day suspension following the OIG investigation. Mot. at 8.

Stewart v. Hargan

District Court, District of Columbia · Apr 10, 2018

Under the ACA, states can choose to expand their Medicaid coverage to include low-income adults under 65 who would not otherwise qualify. See 42 U.S.C. § 1396a(a)(10)(A)(i)(VIII). … Plaintiffs’ suit clearly fits that bill. They challenge the Secretary’s decision to (1) encourage Section 1115 waivers with work-eligibility requirements and (2) approve Kentucky HEALTH.

North America's Building Trades Unions v. Department of Defense

District Court, District of Columbia · May 16, 2025

That is a sufficient injury to establish standing. … Cir. 2011) (finding an EPA guidance document that bound officials to a specific approach qualified as final agency action).

United States v. Weston

69 F. Supp. 2d 99 · District Court, District of Columbia · Sep 9, 1999

In the opinion of the Court, however, the evidence in this case clearly does not support this naked assertion. Rather, the record supports Dr. … As a result, according to the defendant, the review of the hearing officer’s decision must be made by a qualified physician.