No. 21-1585

Richard Arnold, et al. v. Carlos Del Toro, Secretary of the Navy, et al.

Lower Court: District of Columbia
Docketed: 2022-06-23
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights constitutional-error constructive-discharge due-process free-speech judicial-review navy-chaplaincy promotion-procedures religious-speech res-judicata retaliation retaliation-claims
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Did the Court of Appeals commit constitutional error in holding that In re Navy Chaplaincy's denial of Petitioners' systemic challenges to the Navy promotion procedures also foreclosed Petitioners' individual claims of retaliation, constructive discharge and interference with religious speech when the retaliation claims had never been reviewed and Inspector General investigations showed board members used promotion board procedures as tools for anonymous retaliation?

2. Did the Court of Appeals unlawfully deny Petitioners judicial review of a colorable constitutional claim when it held res judicata also applied to the Chaplaincy's denial of Petitioners' discovery?

Question Presented (AI Summary)

Did the Court of Appeals commit constitutional error in holding that In re Navy Chaplaincy's denial of Petitioners' systemic challenges to the Navy promotion procedures also foreclosed Petitioners' individual claims of retaliation, constructive discharge and interference with religious speech

Docket Entries

2022-10-03
Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent Secretary of the Navy, et al. to respond filed.
2022-06-21
Petition for a writ of certiorari filed. (Response due July 25, 2022)
2022-05-10
Application (21A592) granted by Justice Thomas extending the time to file until June 20, 2022.
2022-05-03
Application (21A592) to extend further the time from May 19, 2022 to June 18, 2022, submitted to Justice Thomas.
2022-04-12
Application (21A592) granted by Justice Thomas extending the time to file until May 19, 2022.
2022-04-07
Application (21A592) to extend the time to file a petition for a writ of certiorari from April 19, 2022 to June 18, 2022, submitted to Justice Thomas (The Chief Justice is recused.)

Attorneys

Richard Arnold, et al.
Arthur A. Schulcz Sr.Chaplains' Counsel, PLLC,, Petitioner
Secretary of the Navy, et al.
Elizabeth B. PrelogarSolicitor General, Respondent