Xunxian Liu v. Xavier Becerra, Secretary of Health and Human Services, et al.
There are many federal questions, stated Agencies ' violations chronologically as follows:
A. DHHS ' violations
1.5/21/2015. Responsible Management Official 1 issued Petitioner performance improvement plan, stating removing Petitioner 's position without pre-notifying Petitioner RM'OI 's rating Petitioner 's performance and infringing a DHHS/NIH 's policy (APPENDIX A). Does RMOl violate Petit ioner 's due process right of property clause in Amendments Fi ve and Fourteen of Constitution and Section 1983?
2. 7/30/2015, RMOs 1/2, creating Liel: RMOl 's informing Petitioner RMOl 's rating Petitioner 's performance 5/8/2015. Does RMOl injure Petitioner 's due process right of property clause in Constitution or 42 U.S. Code § 2000e-2(n) (2) (D)/(C) (fraud-based statement (FBS)), 42 U.S. Code § 2000e-l 7 (foil hearing without flaw (FLWF))?
3. Additional violations: Liel is retaliation against Petitioner 's EEO activity. Do RMOs (1 and 2) breach 42 U.S. Code § 2000e-3 other unlawful employment practices (a)?
4. Petitioner is not a White, and the Court, in CBOCS West. Inc, v. Humphries ruled that Section 1981 extends to retaliation claims. Does Liel injure Petitioner 's equal right "to enforce contracts " in Sections 1981(a) (intentional racial discrimination (IRD)) and 1983?
5. Without the pre-notification, Agency continued the foil hearing from 7/31/2015 to 8/30/2015. Does Agency infringe Petitioner 's due process right of property clause in Constitution and/or the FLWF rule in 42 U.S. Code § 2000e-17, and Sections 1981(a) (IRD), 1983?
6. 8/31/2015, RM03 's removal letter includes Liel. Does RM03 infringe Petitioner 's due process right of property clause in Constitution or 42 U.S. Code § 2000e-2(n) (2) (D)/(C) (fraud-based decision (FBD), the FLWF rule in 42 U.S. Code § 2000e-17, and Sections 1981(a) (IRD), 1983?
7. 1/23/2017. RM04, designated Liel was a meeting between RMOl and Petitioner on 5/8/2015 when Petitioner did not see RMOl. Does RM04 violate Petitioner 's due process right of property clause in Constitution or 42 U.S. Code § 2000e-2(n) (2) (D)/(C) (FBS), and Sections 1981(a) (IRD), 1983?
8. Petitioner filed a lawsuit In US District Court for Maryland (USDCM). RMOlprivately initially repeated Liel to a judge (RM
Whether the DHHS violated Petitioner's civil-rights, due-process, and employment-rights by issuing a performance-improvement-plan and removing Petitioner's position without proper notice and rating