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

Supreme Court Denies Qualified Immunity, Finding that Law Is Clear Inmates Require Clean Cells

Trent Taylor is an inmate at the Texas Department of Criminal Justice. For six days in September 2013, Taylor claimed that correctional officers confined him in two different unsanitary cells. In the first, the floor, the ceiling, the window, the walls, and even the water faucet were covered in feces. Taylor did not eat or drink for four days because he feared that he would consume contaminated products.

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Executive Order Creates New Class of Federal Employees

President Trump signed an executive order on October 21, 2020 creating a new classification for federal employees. Per the order, employees that are in confidential, policy making positions would be categorized as Schedule F employees and would not be subject to traditional Title 5 workplace protections. These employees would also be barred from organizing against or appealing the administration. The order grants agency leaders broad discretion to hire and fire individuals in this schedule.

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CBP Seizes Drugs in Second Largest Border Bust

U.S. Customs and Border Protection (CBP) announced their second largest methamphetamine bust along the southern border in a press release on October 11, 2020. With help from the Drug Enforcement Administration (DEA) and Homeland Security Investigations (HSI), CBP officers seized over 3,100 pounds of methamphetamine, fentanyl powder, fentanyl pills and heroin at the Otay Mesa commercial facility.

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DOJ Sues Google for Violating Antitrust Laws

On October 20, 2020, the Department of Justice (DOJ) sued Google for allegedly violating antitrust laws that protect consumers from unfair business practices and ensure fair competition. A Department of Justice press release explained that a civil antitrust lawsuit had been filed against Google by the DOJ and 11 state attorneys general.

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Red Ribbon Week Teaches the Importance of Living Drug Free

The Red Ribbon Campaign, the U.S.’s oldest and largest drug prevention program, is holding its annual Red Ribbon Week beginning October 23. Red ribbon has been a symbol for drug prevention since the death of DEA Special Agent Enrique “Kiki” Camarena during a drug operation in Mexico in 1985. Red Ribbon Week occurs each year and is dedicated to promoting awareness about drugs. Schools across America participate in red ribbon week and teach their students about drug prevention.

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The Takedown FEDagent The Takedown FEDagent

Billionaire Indicted in Largest Tax Fraud Scam in U.S. History

Texas billionaire Robert Brockman was charged with tax evasion, wire fraud, money laundering, and other crimes in service of a $2 billion tax fraud scheme, the Department of Justice said at a recent press conference. Over the course of 20 years, Brockman allegedly used offshore bank accounts to hide his money with the help of a private equity firm CEO named Robert Smith. Brockman is the CEO of Reynolds & Reynolds, a software company in Ohio.

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FEHBP Rates Announced as Open Season Approaches

Participants in the Federal Employees Health Benefits Program (FEHBP) can expect to pay higher premiums in 2021, with an expected average increase of 4.9%. On average, federal employees will pay $7.89 more toward their health premiums per biweekly pay period next year. This hike is lower than that of last year, which was an increase of 5.6%.

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Managing Talent Amidst a Pandemic

This week on FEDtalk, host Jason Briefel was joined by three global talent management officials from both the government and the private sector to discuss evolutions in talent management since the onset of the coronavirus pandemic. Guests included Nancy Brickwood, Senior Vice President of Global Human Resources at BGRS; Clothilda (Clo) Taylor, Executive Director of the Strategic Learning, Development and Engagement Office and Chief Learning and Engagement Officer in the Office of the Chief Human Capital Officer, Department of Homeland Security (DHS); and Ghadeer Hasan, Head of Global Mobility at Lockheed Martin.

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The Takedown FEDagent The Takedown FEDagent

Former Commander of Naval Station Guantanamo Bay Sentenced to Prison

According to a Department of Justice press release dated October 9, 2020, a former Commander of Naval Station Guantanamo Bay (GTMO) was sentenced to prison for obstructing justice and making false statements. Captain John Nettleton, 53, of Jacksonville, Florida was sentenced to 24 months in prison related to his actions during the Navy’s investigation of the death of Christopher M. Tur, the Loss Prevention Safety Manager at GTMO’s Naval Exchange.

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