Person’s Presence in Suspect Building Insufficient for a Terry Stop, Seventh Circuit
A person’s presence in the same building with some potential connection to a fugitive fails to establish “particularized suspicion” to warrant a Terry stop, the Seventh Circuit held last week.
Unanimous Supreme Court Holds FISA Doesn't Displace State Secrets Privilege
In a unanimous decision, the Supreme Court has reversed the Ninth Circuit’s decision, holding that Foreign Intelligence Surveillance Act (FISA) does not displace the state secrets privilege.
Judge Blocks DHS Guidance On Discretion in Deportation Decisions
A federal judge has enjoined the Department of Homeland Security (DHS) from enforcing a deportation prioritization directive to Immigration and Customs Enforcement (ICE).
D.C. Circuit Finds USPS in Violation of Postal Service Reorganization Act
The Court of Appeals for the District of Columbia Circuit determined that the U.S. Postal Service acted outside of the authority of the Postal Service Reorganization Act.
Supreme Court Denies Certiorari to Rule on Warrantless Pole Camera Surveillance
On October 8, 2021, Travis Tuggle petitioned the Supreme Court to determine whether long-term, continuous, and video surveillance of a home constitutes a search under the Fourth Amendment.
Federal Circuit Rules VA Must Use Higher Evidence Standard, Apply Douglas Factors
The Federal Circuit issued two complementary opinions applying its 2021 precedent to disciplinary actions taken by the Department of Veterans Affairs.
Supreme Court Set to Decide Whether Certain Tribal Prosecutions Implicate Double Jeopardy Protection
Supreme Court justices were critical during oral argument of allowing the federal government to prosecute a defendant in federal court previously convicted in a federally-operated tribal court.
Adverse Benefits Decisions by OPM Can Give Rise to Mixed Cases
The Federal Circuit held for the first time that an OPM decision to deny retirement benefits is an adverse personnel decision that can be appealed to the Merit Systems Protection Board.
11th Circuit Holds Warning Not Always Required Before Using Deadly Force
The Eleventh Circuit wrote that it could not view the officer’s actions “with the 20/20 vision of hindsight” and that qualified immunity leaves “room for mistaken judgments.”
FLRA Can Regulate State National Guard Under Specific Conditions in Sixth Circuit Ruling
The Ohio National Guard and its Adjutant General (Guard) petitioned the Sixth Circuit Court of Appeals, requesting that it review a decision and order of the Federal Labor Relations Authority (FLRA).
Federal Circuit Clarifies Definition of “Abuse of Authority”
An Army doctor working in Germany testified in an internal investigation that the commanding officer of the Army hospital harassed his wife and intimidated him at a hospital function after his wife complained about the care she received.
D.C. Court of Appeals Holds Officer’s Attempt to Stop a Defendant’s Flight Was a Seizure Requiring Reasonable, Articulable Suspicion
The officers pulled into an alleyway and saw a group of 5 individuals. The officers got out of the vehicle, approached the group, and asked him if they had any guns. Then, one began to run.
DNI Updates Marijuana-Related Security Clearance Guidance
Agencies received additional adjudicative guidance on three marijuana-related issues recently from the Director of National Intelligence (DNI), in its capacity as the Security Executive Agent.
Seventh Circuit: Questioning Drivers on Travel Plans Is a Permissible Inquiry
In central Illinois, Sheriff’s Deputy Derek Suttles spotted a silver Volkswagen traveling well under the posted speed limit with a covering over the rear cargo area.
McCray v. Biden: Federal Judge Denies Request to Enjoin the Vaccine Mandate
A federal judge of the U.S. District Court for the District of Columbia denied a federal employee’s motion for a temporary restraining order to enjoin enforcement of the President’s executive orders.
Supreme Court Rejects Request to Reverse Bivens
The U.S. Supreme Court rejected certiorari on Petitioner Erik Egbert’s request for the Court to reverse Bivens, the 1971 case that allows federal employees to be sued in their personal capacities for violating certain constitutional rights.
No Disparate Impact Claims Under ADEA for Feds, Fourth Circuit Holds
The United States Court of Appeals for the Fourth Circuit held that sovereign immunity protected the government from such a suit.
Tenth Circuit Finds Exclusionary Rule Does Not Apply in § 1983 Cases
On August 11, 2014, Salt Lake City Police Officer Bron Cruz shot and killed Dillon Taylor after responding to a radio transmission from dispatch, reporting that an individual “flashed a gun.”
The Performance Evaluations' Stake in Certain Misconduct Allegations
A passport specialist at the Department of State (DOS) has argued that his fully successful performance evaluation should be considered as evidence that he consistently followed instructions.
Supreme Court May Reconsider 'Bivens' this Term
Bivens may be under reconsideration as the U.S. Supreme Court re-circulated a petition asking the high court to do just that. The petition argues the Ninth Circuit went too far by expanding Bivens, an ideal vehicle to overturn.