Martin Akerman v. National Guard Bureau
1. Does the detention of a tenured civilian federal
employee under the elusive jurisdiction of the
National Guard of Nevada, with false charges and
without regard to statutory safeguards, constitute a
violation of the Due Process Clause of the Fifth
Amendment pursuant to 42 U.S.C. § 2000dd(d),
especially when the employee is detained based on
activities protected under the Uniformed Services
Employment and Reemployment Rights Act
(USERRA)?
2. In cases involving the military detention of civilian
federal employees, what are the boundaries of
habeas corpus protections under 28 U.S.C. § 2241,
and does the denial of these protections to a
non-combatant civilian by military authorities
amount to an unlawful suspension or wrongful
denial of habeas corpus rights?
3. Does the dismissal of a USERRA whistleblower's
legal challenge to an "enemy combatant"
designation, on jurisdictional grounds by the
United States Court of Appeals for the D.C.
Circuit —which holds exclusive jurisdiction over
enemy combatant status determinations —violate
the statutory protections afforded under USERRA
for engaging in protected activities.
Due-process-violation