No. 21-720

Rodney S. Ratheal v. United States

Lower Court: Tenth Circuit
Docketed: 2021-11-16
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: abuse-of-process discretionary-function discretionary-function-exception federal-tort-claims-act ftca no-admit-no-deny no-admit-no-deny-policy sec-policy securities-and-exchange-commission whistleblower whistleblower-notice
Key Terms:
Securities
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

Does the SEC publishing a defaming whistleblower notice that implies guilt in violation of its own No Admit No Deny policy directive that after settlement allegations remain allegations to which guilt is not credited, constitute abuse of process?

Does the FTCA 28 U.S.C. 2680(a) discretionary function exception bar an abuse of process by defamation-by-implication claim against the United States?

Question Presented (AI Summary)

Does the SEC publishing a defaming whistleblower notice that implies guilt in violation of its own No Admit No Deny policy directive that after settlement allegations remain allegations to which guilt is not credited, constitute abuse of process?

Docket Entries

2022-02-22
Rehearing DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2022-01-27
2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-16
Waiver of right of respondent United States to respond filed.
2021-11-12
Petition for a writ of certiorari filed. (Response due December 16, 2021)

Attorneys

Rodney S. Ratheal
Ratheal S. Rodney — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent