No. 22-6723

Syed K. Rafi v. Yale School of Medicine, et al.

Lower Court: Second Circuit
Docketed: 2023-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights civil-rights-litigation due-process employment employment-retaliation interstate-conduct jurisdiction jurisdictional-principles res-judicata retaliation strassheim-v-daily territorial-jurisdiction
Latest Conference: 2023-03-17
Question Presented (from Petition)

Does the Traditional Method of Determining Jurisdiction Under Territorial Principles apply to "Interstate Telephonic and Email —Computer Server Based Conspiratorial Vindictive Employment Reprisals " as Alleged in This Litigation, given the Supreme Court 's ruling in Strassheim v. Daily , 221 U.S. 280. 28111911)-1. that "a state may prosecute individuals for acts committed outside a jurisdiction when the effect of the acts is the commission of a crime within the jurisdiction "?

2. Did the Appellate Court and the District Court fail to consider the former employee 's [petitioner, Dr. Rafi] allegations of continuing vindictive employment retaliations around the nation from 2015 through 2021 "by his former employer and professional training institution [Yale University School of Medicine] " disregarding this Supreme Court 's binding ruling in Robinson V. Shell Oil Company , 519 U.S. 337 (1997)- that former employees may sue under Title VII of the Civil Rights Act to challenge retaliation by their past employers ?

3. Did the Appellate Court and the District Court fail to consider the former employee 's [petitioner, Dr. Rafi] allegations of continuing vindictive employment retaliations around the nation from 2015 through 2021 "by his former employer and professional training institution [Yale University School of Medicine] " disregarding this Supreme Court 's binding ruling in Lawlor V. National Screen Service Corn., 349 U.S. 322 11955)- that "Res Judicata Does Not Bar a Suit, Even If It Involves the Same Course of Wrongful Conduct as Alleged Earlier, So Long as The Suit Alleges New Facts or A Worsening of the Earlier Conditions " ?

Question Presented (AI Summary)

Does the Traditional Method of Determining Jurisdiction Under Territorial Principles apply to 'Interstate Telephonic and Email—Computer Server Based Conspiratorial Vindictive Employment Reprisals

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-14
Waiver of right of respondents Brigham & Women's Hospital; Cynthia Morton, Ph.D to respond filed.
2023-02-13
Waiver of right of respondents Yale School of Medicine, et al. to respond filed.
2022-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2023)

Attorneys

Brigham & Women's Hospital; Cynthia Morton, Ph.D
Robert R. Hamel Jr.Hamel, Marcin, Dunn, Reardon & Shea, PC, Respondent
Syed K. Rafi
Syed K. Rafi — Petitioner
Yale School of Medicine, et al.
Patrick M. NoonanDonahue, Durham & Noonan, PC, Respondent