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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: the model weighted this down for a self-represented petitioner.

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

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

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)