§Why CasetextPricing

Smith et al v. Clinton

RESPONSE re MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction , 23 MOTION to Substitute

11 Cited authorities

  1. Gutierrez De Martinez v. Lamagno

    515 U.S. 417 (1995)   Cited 635 times   3 Legal Analyses
    Holding that the "scope-of-employment certification is reviewable in court"

  2. Kimbro v. Velten

    30 F.3d 1501 (D.C. Cir. 1994)   Cited 76 times
    Holding to the contrary

  3. Rasul v. Myers

    512 F.3d 644 (D.C. Cir. 2008)   Cited 40 times
    Holding that the alleged "authorization, implementation and supervision of torture" was within the scope of employment of military officers who interrogated defendants at the United States Naval Base at Guantanamo Bay, Cuba, because "the detention and interrogation of suspected enemy combatants [was] a central part of the [employees'] duties as military officers charged with winning the war on terror," even notwithstanding "allegations of serious criminality"

  4. Johnson v. District of Columbia

    368 F. Supp. 2d 30 (D.D.C. 2005)   Cited 25 times
    Holding that "statements to the Washington Post [seeking] to explain and justify the removal of [law enforcement] officers by explaining the administration's belief that those officers' negligence was responsible for the [detainee] escapes" fell within the scope of the CMPA

  5. Kalil v. Johanns

    407 F. Supp. 2d 94 (D.D.C. 2005)   Cited 18 times
    Noting that the Federal Tort Claims Act “allows the Attorney General to certify that an employee who has been sued for a wrongful or negligent act was acting within the scope of his employment at the time of the alleged incident,” and, “‘[u]pon certification, the employee is dismissed from the action and the United States is substituted as Defendant'”

  6. Rushing v. Leavitt

    Civil Action No. 03-1969 (CKK) (D.D.C. Mar. 7, 2005)   Cited 2 times

    Civil Action No. 03-1969 (CKK). March 7, 2005 MEMORANDUM OPINION COLLEEN KOTELLY, District Judge Pro se Plaintiff Rick Rushing brings a citizen suit under the Clean Water Act, 33 U.S.C. § 1365 ("CWA"), and the Clean Air Act, 42 U.S.C. § 7607 ("CAA") (collectively "the Acts"), against Defendant, the Administrator of the Environmental Protection Agency ("EPA" or "the Administrator"), alleging the Administrator has violated nondiscretionary duties of both the Acts. Plaintiff argues that EPA employees

  7. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,540 times   12 Legal Analyses
    Criminalizing perjury

  8. Section 1905 - Disclosure of confidential information generally

    18 U.S.C. § 1905   Cited 413 times   21 Legal Analyses
    Prohibiting the release by federal employees of certain information "to any extent not authorized by law"

  9. Section 2071 - Concealment, removal, or mutilation generally

    18 U.S.C. § 2071   Cited 178 times
    Prohibiting the "tak[ing] or carry[ing] away [of] any record . . ., paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States"

  10. Section 1924 - Unauthorized removal and retention of classified documents or material

    18 U.S.C. § 1924   Cited 28 times

    (a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both. (b) For purposes

  11. Section 1222.24 - How do agencies establish recordkeeping requirements?

    36 C.F.R. § 1222.24   Cited 1 times

    (a) Agencies must ensure that procedures, directives and other issuances; systems planning and development documentation; and other relevant records include recordkeeping requirements for records in all media, including those records created or received on electronic mail systems. Recordkeeping requirements must: (1) Identify and prescribe specific categories of records to be systematically created or received and maintained by agency personnel in the course of their official duties; (2) Specify