Rattigan v. Holder, Jr., No. 10-5014 (D.C. Cir. 2011)
Annotate this CaseIn this case, a jury found that the FBI violated Title VII of the Civil Rights Act of 1964, 28 U.S.C. 1447, by launching a security investigation of plaintiff, then an agent in its Saudi Arabia office, in retaliation for his filing of a discrimination complaint. On appeal, the government argued that plaintiff's claim was nonjusticiable under Supreme Court and D.C. Circuit case law because adjudicating Title VII liability called for the jury to second-guess security judgments committed by law to FBI discretion. The court vacated the judgment in plaintiff's favor and held that plaintiff's case, as presented to the jury, invited just such second-guessing. The court remanded for further proceedings, however, and held that plaintiff might be able to pursue his retaliation claims without calling into question unreviewable security decisions.
The court issued a subsequent related opinion or order on September 13, 2011.
The court issued a subsequent related opinion or order on September 13, 2011.
The court issued a subsequent related opinion or order on July 10, 2012.
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