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David P. Marana v. Merit Systems Protection Board

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1463 · judgment January 20, 2022


Certiorari denied · October 3, 2022
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. What court, tribunal, and or investigative agency ensures that information with redacted infor­ mation when presented as evidence is valid, legal, * and not used for misinformation?

  2. Is “..such that a reasonable person could con­ clude..” as used in whistleblowing retaliation cases and jurisprudence, valid, applicable, given signifi­ cant consideration, and fair, when applied to sub­ cultures - as in military healthcare is a subculture within the military, and military is a subculture of U.S. population). Subcultures often have unique highly specialized attributes, purpose and dynam­ ics - including communications and where the general population “reasonable person” may be de­ void of basic information and or familiarity of the subculture that a “reasonable person” of a subcul­ ture customarily possesses.

  3. In retaliation cases where a common individual is involved, and or, several individuals with common interests and motivation are involved, in multiple situations suggestive of retaliation; why is “mer­ ger of factors” that constitutes a nexus not given consideration?

  4. End justifies the means, and vice versa. Are mili­ tary federal agencies immune to legal liabilities for reporting and or submitting untruthful or mis­ leading information when action is backed by com­ mander’s discretionary authority? ' *. \

Counsel of record

For petitioner
David P. Marana

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 24 2022
    Waiver of right of respondent Dept. of Army to respond filed.
  4. Apr 18 2022
    Petition for a writ of certiorari filed. (Response due July 1, 2022)