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Vernon Wendell Risby v. Chad Wolf, Acting Secretary of Homeland Security, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56946 · judgment April 10, 2019

Certiorari denied · March 9, 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

  1. Is Collateral Estoppel applicable where the prior Mandamus case dealt only with the issue of whether the Agency was obligated under LEOSA to provide a LEOSA card that indicated LEOSA status and the subsequent Title VII case is based on a new issue of retaliation?

  2. Can the court make inferences based on the totality of the circumstances to determine that the alleged lack of good standing was a pretense and allow the issue of retaliation to be decided by a jury?

  3. Did the Agency violate due process by indicating Mr. Risby was in good standing and then waiting until long after he retired to inform him that management had determined he was not in good standing when he retired, thereby denying him an opportunity to be heard?

Counsel of record

For petitioner
Vernon W. Risby

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 09 2020
    Petition DENIED.
  2. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  3. Feb 05 2020
    Waiver of right of respondent Moynihan, Timothy, et al. to respond filed.
  4. Sep 16 2019
    Petition for a writ of certiorari filed. (Response due February 21, 2020)