No. 19-6764

Nicole Rena McCrea v. District of Columbia Police & Firefighter's Retirement and Relief Board

Lower Court: District of Columbia
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-hearing administrative-procedure civil-rights constitutional-challenge disability disability-benefits disability-provisions due-process employment police-firefighters property-interest property-rights takings takings-clause
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. Are the provisions of the United States Constitution, Amendment 5. Due Process Clause .
compelled and/or implied as pertains to the expressed statutory guidelines within the
Police and Firefighters Retirement and Disability Act ("PFRDA "), a state law governing
disability and disability provisions of the District of Columbia Police, Firefighters and
Capitol Police, as concerns the property interest in the calculation and/or adjustment of
the Petitioner 's annuity; the Petitioner 's property interest in a disability review for
recovery back to reemployment; the Petitioner 's property interest in the ability to be
employed in any profession; the Petitioner 's property right protected by the Takings
Clause?

2. Is the Petitioner 's challenge to the Constitutionality of the Board 's actions a contested
case subject to the provisions of the United States Constitution. Amendment 5, Due
Process Clause . a hearing to refute charges and/or clear her name?

Question Presented (AI Summary)

Are the provisions of the United States Constitution, Amendment 5, Due Process Clause, compelled and/or implied as pertains to the expressed statutory guidelines within the Police and Firefighters Retirement and Disability Act (PFRDA), a state law governing disability and disability provisions of the District of Columbia Police, Firefighters and Capitol Police, as concerns the property interest in the calculation and/or adjustment of the Petitioner's annuity; the Petitioner's property interest in a disability review for recovery back to reemployment; the Petitioner's property interest in the ability to be employed in any profession; the Petitioner's property right protected by the Takings Clause?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-11
Waiver of right of respondent D.C. Police & Firefighters Retirement & Relief Board to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

D.C. Police & Firefighters Retirement & Relief Board
James Creighton McKay Jr.Office of the Attorney General for the District of Columbia, Respondent
Nicole R. McCrea
Nicole McCrea — Petitioner