Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: Preselection Coupled With Service Discrimination Violates USERRA

The United States Court of Appeals for the Federal Circuit described the litigation of a case it adjudicated on May 14, 2021 as “the decade-long journey of a hard-working man who served his country honorably, only to face workplace discrimination on the basis of that service.” In its opinion, the Federal Circuit held that the Merit Systems Protection Board (MSPB) erred in finding that the candidate’s nonselection for a position at the Department of the Navy would have occurred “regardless of his prior military service.”

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Independent Grounds Needed to Prolong a Pretextual Stop

On June 25, 2018, Illinois State Trooper Clayton Chapman was on highway patrol duties and received a message from Deputy Sheriff Derek Suttles about a hatchback with a California license plate on Interstate 72. Deputy Suttles reported to Trooper Chapman that the vehicle was going approximately 20 mph under the speed limit, and found it suspicious.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Eighth Circuit: Officers Denied Qualified Immunity after Search of Entire Domicile Not Justified under Community Caretaker Exception

In the middle of the night, a drunk man in his 30s took a taxi from St. Louis to Ballwin, Missouri, asked the taxi driver to stop on the street near the home of Jon Luer and his wife, Andrea Steinebach, and exited the taxi without paying his $65 fare. The driver reported the fare skipper to the police at 2:38 am, and officers arrived on the scene 2:45 am.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

First Circuit: Warrant or Reasonable Suspicion Not Needed for Basic Border Searches of Electronic Devices

Plaintiffs, ten U.S. citizens and one lawful permanent resident, brought suit against the Secretary of the U.S. Department of Homeland Security (DHS) Kirstjen Nielsen, Acting Commissioner of the U.S. Customs and Border Protection (CBP) Kevin McAleenan, and Acting Director of U.S. Immigration and Customs Enforcement (ICE) Thomas Homan, alleging that certain CBP and ICE policies and practices violated their Fourth Amendment rights.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Third Circuit: Federal Civilian Dual Status Technicians Not Covered under the Uniformed Services Exception to Reduced Social Security Benefits

Floyd Douglas Newton worked as a National Guard dual status technician from 1980 until 2013. A dual status military technician is a federal civilian position supporting the Selected Reserve or armed forces. Though civilians, dual status technicians are required to maintain National Guard membership, hold a particular military grade, and wear appropriate military uniform, among other requirements.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: No Waiver of Sayers Arguments in VA Removal Case

A VA police officer was removed by the Department of Veterans Affairs under the 2017 “accountability” law 38 U.S.C. § 714 that limited review of VA’s actions against general schedule employees. The removal was based on conduct occurring prior to the enactment of the law. The employee appealed to the MSPB, and the MSPB affirmed the removal. On December 7, 2020, the United States Court of Appeals for the Federal Circuit vacated the MSPB’s decision, and remanded the case to the MSPB with instructions to remand the case further back to the agency.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

OSC and CIGIE Reach Agreements for Investigation Referrals

On November 3, 2020, the United States Office of Special Counsel (OSC) announced that it had reached two agreements with the Council of the Inspectors General on Integrity and Efficiency (CIGIE). A statement by OSC claimed that the “core goals of the agreements are to protect the independence of the respective Inspectors General and provide better outcomes to whistleblowers who report allegations of wrongdoing by OIGs.” The agreements are “the result of a years-long effort to clarify standards of procedure for such disclosures.”

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Fifth Circuit: No Fourth Amendment Standing in Another Person’s Cell Site Location Information

While conducting a narcotics investigation, the Monroe Police Department learned from drug dealers and cooperating witnesses that Matthew Beaudion and his girlfriend, Jessica Davis, were distributing drugs. Officers obtained Davis’s phone number from one witness. The witness also told the officers that Beaudion and Davis planned to drive from Houston to Monroe with four pounds of meth.

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