No. 20-1039

Elizabeth Aviles-Wynkoop v. Department of Defense

Lower Court: Federal Circuit
Docketed: 2021-01-29
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment administrative-law double-jeopardy due-process federal-employment federal-regulations fifth-amendment whistleblower
Latest Conference: 2021-03-19
Question Presented (from Petition)

Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without due process-the right to respond to the action prior to removal from federal service?

Can a Federal Government employee be terminated twice for the same offense, and can the Federal government add new evidence that was 1 year and 2 months old after a removal?

Can the Government prevail if they fail or refuse to defend my 8-million-dollar whistleblowing complaint? Thus far, this issue has not been defended by the Federal Government?

Are Federal Arbitrators, Administrative Law Judges, and Federal Appellate Court Judges under any obligations to comply and enforce such regulations as 5 C.F.R. 752.404 (g) when handling administrative cases? The United States Supreme Court's opinion in this area could benefit all 50 states in processing removal cases.

Question Presented (AI Summary)

Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without due process-the right to respond to the action prior to removal from federal service?

Docket Entries

2021-03-22
Petition DENIED.
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent Dept. of Defense to respond filed.
2021-01-28
Petition for a writ of certiorari filed. (Response due March 1, 2021)

Attorneys

Dept. of Defense
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth Aviles-Wynkoop
Elizabeth Aviles-Wynkoop — Petitioner