Following the terrorist attacks on September 11, 2001, the FBI ordered hundreds of illegal aliens to be taken into custody to determine whether the detainees had connections to terrorism.

A former federal employee terminated by the United States Agency for International Development (“USAID”) and the National Oceanic and Atmospheric Administration (“NOAA”) appealed his termination from both agencies under Title VII and also contended that NOAA violated a criminal statute that prohibits making false statements when the Agency allegedly lied about why he was terminated.

The Supreme Court is considering whether to hear a case asking whether, when officers permit individuals to exercise First Amendment rights to speech and peaceful assembly, officers must provide fair warning prior to arresting demonstrators for participation in the demonstration.

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision.

A retired Air Force Veteran’s divorce decree awarded his ex-wife 50 percent of the veteran’s future Air Force retirement pay, but thirteen years after the divorce, the veteran was found partially disabled due to an earlier service-related injury, and elected to give up an equal amount ($250 monthly) of retirement pay in order to receive disability pay – thereby reducing the value of his ex-wife’s 50 percent share by 50 percent of $250.

The Supreme Court is considering whether to hear a case which asks whether the Second Amendment entitles ordinary citizens to carry handguns outside the home for self-defense.

In January 2010, police arrested Terry Margheim at his home in Greeley, CO on suspicion of domestic violence committed against his girlfriend. Weld County prosecutors then initiated a criminal prosecution against him. Margheim posted a $3,000 bond and was required to comply with a protection order to avoid contact with his girlfriend.

In the first case argued before Supreme Court Justice Neil Gorsuch, Justices appeared to disagree about how to handle “mixed cases,” alleging both adverse employment actions against federal civil service employees and prohibited discrimination, where the Merit Systems Protection Board concludes it lacks jurisdiction because the employee was not subject to an appealable action.

Today, the Supreme Court held that contractual subrogation and reimbursement prescriptions plainly relate to “payments with respect to benefits” under the Federal Employees Health Benefits Act of 1959 (FEHBA) and preempt state laws barring subrogation and reimbursement.

Last week, the U.S. Court of Appeals the for the Seventh Circuit held that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.

The Fourth Amendment governs a claim for unlawful pre-trial detention even beyond the start of legal process, the Supreme Court recently held in an opinion allowing a Section 1983 action to proceed against officers on grounds including the plaintiff’s pre-trial detention based on falsified evidence.

This week, the Supreme Court held that the Federal Vacancies Reform Act of 1998 (FVRA) prohibits persons who the President nominates for appointment to be placed in positions in acting capacities while awaiting confirmation by the Senate.

Recently, the Supreme Court heard oral argument in Hernandez v. Mesa to address issues arising out of the actions of U.S. Border Patrol agent Jesus Mesa when he fired a shot from United States soil that killed 15-year old Mexican boy Sergio Hernandez on Mexican soil.  

Customers brought separate actions against Anthem, a health insurance company, after the company’s computer systems were compromised by a cyberattack.

On Thursday, February 16, 2017, Representatives Ted Lieu (D-CA) and Don Beyer (D-VA) released guidance for federal employees who may want to break the Trump administration’s “blackout” on federal agency communications with the press.

Last week, the Ninth Circuit denied the Government’s motion to stay the district court’s order enjoining the nationwide enforcement of portions of Executive Order 13769.

A defendant had no legitimate expectation of privacy in a car being shipped to him because he did not own the car, had never been inside it, and did not control the car’s contents, the Seventh Circuit recently held.

Recently, the Supreme Court held that a police officer who arrived late to ongoing police action did not violate clearly established law by failing to ensure that other officers carried out proper procedural warnings prior to his arrival.

The Fourth Circuit recently held that an officer who makes a lawful stop and has reasonable suspicion a passenger is armed may frisk that individual.

A warrant for digital video was not based on stale information because a reasonable officer may believe that digital video would be recoverable months after its production, the Fifth Circuit recently held.