Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Articles Posted in Civil Rights
by
Jackson served in the Marine Corps, 1977-1991. Almost 30 years after his honorable discharge, Jackson filed a pro se complaint alleging that toward the end of his military career, his supervising officers discriminated against him because he is a black male, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e. The district court inferred additional claims under the Administrative Procedure Act (APA), 5 U.S.C. 706(2)(A), and the Military Pay Act, 37 U.S.C. 204 but ultimately dismissed all of Jackson’s claims. The D.C. Circuit affirmed. The court noted the unanimous rulings of other sister circuits, concluding that Title VII does not apply to uniformed members of the armed forces. Jackson’s APA claim was untimely and, although the limitations period is no longer considered jurisdictional, the facts alleged were insufficient to apply equitable tolling. Jackson was able to manage his affairs and comprehend his rights; he alleged that at the time of the alleged discrimination, he knew that he “had been subjected to wrongdoing and strongly desired justice.” The court concluded that it lacked jurisdiction to review the dismissal of Jackson’s Military Pay Act claim; the Court of Appeals for the Federal Circuit has exclusive jurisdiction of such claims. View "Jackson v. Modly" on Justia Law

by
Plaintiff, a white male of Chilean origin, filed suit under Title VII and the Age Discrimination in Employment Act (ADEA), alleging that WMATA failed to promote him on the basis of age and national origin and later retaliated against him for complaining of such discrimination by continuing to deny him promotions. The DC Circuit affirmed the district court's conclusion that WMATA was entitled to sovereign immunity from the ADEA claims; affirmed the grant of summary judgment on all Title VII claims not exhausted via the 2014 Charge of Discrimination; and affirmed the district court's grant of summary judgment on the Title VII claims arising out of the 2014 EEOC charge. The court held that plaintiff failed to present evidence from which a reasonable jury could conclude that WMATA's nondiscriminatory and non-retaliatory rationale for denying plaintiff a promotion in Fall 2013 was pretext for discrimination or retaliation. View "Oviedo v. Washington Metropolitan Area Transit Authority" on Justia Law

by
The First Amendment does not create an implied damages action against officials in the Office of the Comptroller of the Currency (OCC) for retaliatory administrative enforcement actions under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). The DC Circuit held that, consistent with the Supreme Court's marked reluctance to extend Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), to new contexts, the First Amendment does not create such an implied damages action. In this case, plaintiff filed suit against the United States and four OCC officials, alleging Bivens claims against the officials as well as various tort claims. The Bivens claims were based on the theory that the officials caused the OCC enforcement action in retaliation for plaintiff's protected speech criticizing an OCC investigation, in violation of the First and Fifth Amendments of the Constitution. The court held that this case clearly presented a new Bivens context, and FIRREA's administrative enforcement scheme is a special factor counselling hesitation. Therefore, the court reversed the district court's judgment and remanded with instructions to dismiss plaintiff's First Amendment claims. View "Loumiet v. United States" on Justia Law

by
Duquesne petitioned for review of the Board's decision and order requiring the school to bargain with a union representing the school's adjunct facility. Duquesne argued that its religious mission places it beyond the Board's jurisdiction. The DC Circuit granted the petition for review, agreeing with the Supreme Court and the courts of appeals which have held that the National Labor Relations Act (NLRA)—read in light of the Religion Clauses—does not allow the Board to exercise jurisdiction over religious schools and their teachers in a series of cases over the past several decades. The court held that Pacific Lutheran University, 361 N.L.R.B. 1404 (2014), runs afoul of the court's decisions in University of Great Falls v. NLRB, 278 F.3d 1335 (D.C. Cir. 2002), and Carroll Coll. v. NLRB, 558 F.3d 568, 574 (D.C. Cir. 2009), which continue to govern the reach of the Board's jurisdiction under the NLRA in cases involving religious schools and their faculty members or teachers. Therefore, the court held that the Board has no jurisdiction in this case and the court need not address the remaining arguments. View "Duquesne University of the Holy Spirit v. NLRB" on Justia Law

by
The DC Circuit reversed the district court's order dismissing, based on lack of subject matter jurisdiction, a pre-enforcement challenge to the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), brought by plaintiffs, alleging harm to their online activities. This action stemmed from Congress's continual goal of protecting minors online while promoting a free and open internet. The court held that at least two of the plaintiffs have established Article III standing to bring the pre-enforcement challenge to FOSTA. In this case, Plaintiff Andrews, an advocate for sex worker rights and a co-founder of several groups that advocate for the health, safety, and human rights of sex workers, has alleged intended conduct that is arguably proscribed by FOSTA and the threat of future enforcement is substantial. Furthermore, Plaintiff Koszyk, a licensed massage therapist and the owner of Soothing Spirit Massage, has demonstrated that a favorable decision would create a significant increase in likelihood that he would obtain relief. Accordingly, the court remanded for further proceedings. View "Woodhull Freedom Foundation v. United States" on Justia Law

by
HHS issued a Funding Opportunity Announcement (FOA) in 2018, soliciting applications for family planning grants. Plaintiffs filed suit challenging the FOA as inconsistent with a governing regulation and the Administrative Procedures Act (APA). The district court rejected their claims, and granted summary judgment for HHS. After plaintiffs appealed, HHS issued its FOA announcing grants for 2018. The DC Circuit held that plaintiffs' appeal was moot because, while the appeal was pending, HHS disbursed the grant funds for 2018, issued a modified FOA for 2019, and amended the regulation. Accordingly, the court remanded with instructions to dismiss the case as moot. View "Planned Parenthood of Wisconsin v. Azar" on Justia Law

by
Roger Stone and members of his family petitioned for a writ of mandamus vacating the district court's orders modifying his conditions of release. Stone, a political consultant, was indicted on one count of obstruction of proceedings, five counts of false statements, and one count of witness tampering. Stone's charges stemmed from allegations that he obstructed investigations by Congress and the FBI into foreign interference in the 2016 presidential election. The DC Circuit dismissed the petition, holding that Stone and his family members failed to avail themselves of adequate alternative remedies and thus were not entitled to mandamus relief. The court held that Stone could have appealed under 18 U.S.C. 3145(c), which expressly provides for judicial review of a detention order; Stone could have challenged the conditional release orders by filing a notice of appeal within fourteen days after their entry, but failed to do so; and Stone's family members may move the district court to reconsider or modify the conditions of release and, if unsuccessful, appeal the denial of that motion. View "In re: Roger Stone, Jr." on Justia Law

by
Plaintiffs won the 2017 diversity visa lottery but were denied visas pursuant to the State Department's Guidance Memo. The Guidance Memo instructed consular officers reviewing diversity visa applications about how President Trump's Executive Order temporarily prohibiting nationals of specific countries from entering the United States (EO2) affected visa eligibility. In this case, plaintiffs were denied visas because they were from Iran and Yemen—countries subject to the entry ban—and could not qualify for exemptions or waivers or satisfy the bona fide relationship requirement in Trump v. Int'l Refugee Assistance Project (IRAP I), 137 S. Ct. 2080, 2088 (2017). After EO-2 expired, it was replaced by President Trump's third iteration of the travel ban, the Proclamation. After the Supreme Court explained that challenges to the expired EO-2 were moot, and the government then filed a motion to dismiss this case as moot. The DC Circuit reversed the district court's determination that this case was moot, and held that plaintiffs' claims -- seeking a court order instructing the government to stop implementing the Guidance Memo, process their visa applications, and issue them diversity visas -- were not moot because whether the district court retains the authority to award plaintiffs relief is a merits question. The court held that neither plaintiffs' claim that such relief was legally available nor their claim that they were entitled to that relief was so implausible as to deprive the district court of jurisdiction. Furthermore, there was some chance that this relief would be effective at securing their immigration to the United States. View "Almaqrami v. Pompeo" on Justia Law

by
Plaintiff filed suit alleging that DHS engaged in discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. The district court granted summary judgment for DHS and denied plaintiff's motion to stay proceedings to allow for discovery. The DC Circuit held that the district court erroneously concluded that the evidence sought by plaintiff could not create a dispute of material fact as to whether DHS's proffered reasons for taking adverse action were pretextual. The court also held that summary judgment was inappropriate with respect to plaintiff's claim that her reassignment to the Resource Management Branch was retaliatory. However, summary judgment was appropriate with respect to DHS's initial decision to extend her detail, because plaintiff did not create a genuine dispute of material fact. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Cruz v. McAleenan" on Justia Law

by
The District violates the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 if it cares for a mentally or physically disabled individual in a nursing home notwithstanding, with reasonable modifications to its policies and procedures, it could care for that individual in the community. Plaintiffs, a class of physically disabled individuals who have been receiving care in District nursing homes, sought an injunction requiring the District to alter its policies and procedures in order to help them transition to the community. The DC Circuit reversed the district court's judgment in favor of the District, holding that plaintiffs need not identify "concrete, systemic deficiency" in the District's transition services; there was no class certification issue; and the district court has not yet concluded, in clear terms and under the correct burden of proof, that the District's Olmstead Plan (a comprehensive, effectively working plan for placing qualified persons with physical disabilities in less restrictive settings) was adequate. Accordingly, the court remanded for further proceedings. View "Brown v. District of Columbia" on Justia Law