No. 18-808

Kirk E. Webster v. Patrick M. Shanahan, Acting Secretary of Defense

Lower Court: Fourth Circuit
Docketed: 2018-12-26
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process intelligence-agency retaliation settlement whistleblower
Key Terms:
SocialSecurity EmploymentDiscrimina
Latest Conference: 2019-02-15
Question Presented (from Petition)

Should a settlement agree be rendered legally invalid if the National Geospatial-Intelligence Agency's Associate General Counsel Jack W Rickert, used Plaintiffs recent stroke to coerced him into a "voluntary" retirement settlement agreement that effectively removed Plaintiff from Federal Service?

Is the 22 August 2017 transfer Order by Judge Christopher Cooper sufficient to establish that the Eastern District of Virginia Court is the proper jurisdiction for Plaintiffs Title VII, and ADEA claims?

Can the lower Court dismiss a timely accepted, processed and investigated Title VII claim, NGA case No. NGAE-13-502, of retaliation, filed after the June 2012 agreement that is listed in Plaintiffs court complaint, without allowing Plaintiff to engage in discovery?

Can the lower Court dismiss a timely filed ADEA claim that was before the lower Court and was referenced in Judge Cooper's 22 August 2017 Opinion and Order to be processed because pro se Plaintiffs are not held to same standards as complaints drafted by lawyers?

Shouldn't a settlement agree be rendered legally invalid if coerced by a named discriminating Responsible Management Official (NGA's Associate General Counsel, Jack W Rickert) in an effort to exonerate himself?

Can an Intelligence agency be held accountable to whistleblower retaliation laws if the violation of law occurred prior to the agency converting to an intelligence agency?

Question Presented (AI Summary)

Whether a settlement agreement should be rendered legally invalid if coerced by a discriminating management official

Docket Entries

2019-02-19
Petition DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-10
Waiver of right of respondent Patrick M. Shanahan, Acting Secretary of Defense to respond filed.
2018-12-14
Petition for a writ of certiorari filed. (Response due January 25, 2019)

Attorneys

Kirk E. Webster
Kirk E. Webster — Petitioner
Patrick M. Shanahan, Acting Secretary of Defense
Noel J. FranciscoSolicitor General, Respondent