David M. Johnson v. Janet L. Yellen, Secretary of the Treasury

On the eve of a trial, David Johnson was deprived of his day in court because Defendants have refused to appear at trial unless the district court agreed to adopt all changes to the federal laws as pronounced in the model jury instructions published in the 4th Circuit, 9th Circuit, and the other circuits. In light of the right to a trial jury is guaranteed by the 7th Amendment, and the Supreme Court’s precedent in cases like this that a jury must decide the Court has consistently granted this Writ to 'i compel a jury trial. Where the employer and its employees violate the federal law by taking unlawful employment actions targeting only blacks when the lower court has dismissed the lawsuit that a jury must decide it violated the 7th Amendment as announced in Curtis v. Loether, 415 U.S. 189 (1974). The questions present are:

1. Whether a plaintiff is guaranteed the right to a jury trial by the 7th Amendment that leaves no discretion in the lower courts to deny a jury trial?

2. Whether a plaintiff is guaranteed the right to a jury trial as to legal claims authorized by 42 U.S.C. § 1985, and 42 U.S.C. § 1986?

3. Whether the findings by the Equal Employment Opportunity Commission that the employer took the “unwarranted” personnel action(s) the lower court must perform the ministerial duties imposed by the Backpay Act and entry of the Order of Remittutir?