No. 20-1716

Melvin Trent Walker v. Tom Wolf, Governor of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2021-06-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights civil-rights-act constitutional-law declaratory-judgment discrimination-claims district-court-jurisdiction employee-definition employee-status punitive-damages standing title-vii
Latest Conference: 2021-09-27
Question Presented (from Petition)

Constitutional Question is the Governors Code of Conduct constitutional? 16AM Juris. 2nd Ed.Const. Law. Sect. 177 Declaratory Judgement Act Commonwealth of Pennsylvania Governor's Office Code of Conduct, Executive Order 1980-18.

Is The Governor of Pennsylvania, and the Secratary of Transportation, defined as employees? Under Title VII Civil Rights Act of 1964.

The question presented is, can the District Court construe case law from the (3d Cir.1996) (en banc) to now include elected officials as employees. As the ground to DISMISS the plaintiffs VII and ADEA claims WITH PREJUDICE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, GRANTED. Siting congress intentions, and case law, out of context? The District Court ruling is an abuse of discretion. Title VII claims should not be dismissed matter of law. Also my Appeal has no jurisdiction if the constitutional question asked has never been answered. And dismissed without prejudice. As directed, it's not a final order.

Question Presented (AI Summary)

Can the Governor of Pennsylvania and the Secretary of Transportation be considered 'employees' under Title VII of the Civil Rights Act of 1964?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Waiver of right of respondent Wolf, Gov. of PA, et al. to respond filed.
2021-06-08
Petition for a writ of certiorari filed. (Response due July 12, 2021)

Attorneys

Melvin Trent Walker
Melvin Trent Walker — Petitioner
Wolf, Gov. of PA, et al.
Claudia Margaret TesoroOffice of Attorney General, Respondent