Supreme Court of the United States · Official docket →

Joseph P. Carson v. Merit Systems Protection Board

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2015-3135, 2015-3211 · judgment August 11, 2017

Certiorari denied · June 11, 2018

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether this Court’s precedent in Burlington North. & Santa Fe Ry. Co. v. White, 126 S.Ct. 2405 (2006), applies to determining whether a personnel action, defined at 5 U.S.C. § 2302(a)(2)(A)(xii) as, “any other significant change in duties, responsibilities or working conditions,” has occurred to a federal agency employee alleging reprisal for making whistleblower disclosures or filing whistleblower reprisal complaints.

Counsel of record

For petitioner
Francis Douglas Hartnett
Elitok & Hartnett at Law, PLLC

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
17A775

Order
Order list, June 11, 2018 · Certiorari denied

Proceedings

Jun 11 2018
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Jun 11 2018
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
May 23 2018
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner Joseph P. Carson.
May 23 2018
Blanket Consent filed by Petitioner, Joseph P. Carson
May 22 2018
DISTRIBUTED for Conference of 6/7/2018.
May 16 2018
Brief amici curiae of Tom Devine, et al. filed. (Distributed)
May 10 2018
Waiver of right of respondent Merit Systems Protection Board to respond filed.
Apr 12 2018
Petition for a writ of certiorari filed. (Response due May 16, 2018)
Jan 24 2018
Application (17A775) granted by The Chief Justice extending the time to file until April 12, 2018.
Jan 16 2018
Application (17A775) to extend the time to file a petition for a writ of certiorari from February 11, 2018 to April 12, 2018, submitted to The Chief Justice.
Main Document