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Tonya Knowles v. Department of Veterans Affairs

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1987 · judgment January 10, 2020

Certiorari denied · October 5, 2020

Pre-decision estimate: 0% cert probability

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

Questions presented

When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302 (b)(8)-(9), against an agency official and or staff are the subjects of the protected disclosures allowed to initiate an investigation regarding the complaints made against them?
If an employee makes a protected disclosure against an agency official regarding how patient information is safeguarded and the subjects of the disclosure were investigated and placed on a Performance Improvement Plan, The Office of Inspector General (OIG) verified findings of inadequate safeguards, and the Office of Special Counsel (OSC) acknowledged that patient information was not safeguarded according to the Agency’s protocol would that give an management official motive to retaliate?
If a whistleblower shows that there protected disclosures contributed to adverse actions does the agency bear the burden of showing that it would have acted in the same way even absent any whistleblowing?

For petitioner
Tonya Knowles

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Conference history
Distributed for 1 conference

Oct 05 2020
Petition DENIED.
Jun 24 2020
DISTRIBUTED for Conference of 9/29/2020.
Jun 22 2020
Waiver of right of respondent Dept. of VA to respond filed.
Mar 18 2020
Petition for a writ of certiorari filed. (Response due July 2, 2020)