Robert M. Miller v. Martin J. Gruenberg, Chairman, Federal Deposit Insurance Corporation

Whether frivolous allegations of sexual harassment, pre-investigation punishment, and a severely deficient investigation by a (federal) employer violate due process and equal protection rights of the accused and create an unconstitutionally vague and overbroad infringement of the right to free speech. Whether the lower courts erred with a driveby jurisdictional ruling that recast a request for grievance reviews as an Unfair Labor Practices claim in order to summarily dismiss Petitioner's claim. Whether the Same Actor Inference is a mandatory presumption as applied here by the Fourth Circuit, a rebuttable presumption as applied by other circuits, a mere piece of evidence as applied by other circuits, or a completely unsupported and prejudicial doctrine that must be struck down by this Court. Whether this Court should modify or overturn Ashcroft v. Iqbal, 556 U.S. 662 (2009), because of its vagueness, subjectivity, and deleterious impact on civil rights claims, different treatments by various circuit courts of appeal, and apparent conflict with this Court's holding in Swierkiewicz v. Sorema, 534 U.S. 506 (2002) Whether, in a retaliation claim, a district court's requirement for a plaintiff to plead direct evidence of knowledge of prior protected