Mowery v. National Geospatial Intelligence Agency
Decision Date | 26 July 2021 |
Docket Number | Civil Action No. 1:21-cv-226 |
Parties | Nathan MOWERY, Plaintiff, v. NATIONAL GEOSPATIAL INTELLIGENCE AGENCY & William Burns, Director of the Central Intelligence Agency, Defendants. |
Court | U.S. District Court — Eastern District of Virginia |
Alyssa F. Morrison, Pro Hac Vice, Alyssa Fini Morrison, Christina Anne Jump, Pro Hac Vice, Constitutional Law Center for Muslims in America (CLCMA), Richardson, TX, Patricia Dorothy Ryan, Law Office of Patricia D. Ryan, Glen Echo, MD, for Plaintiff.
Johnny Hillary Walker, III, U.S. Attorney's Office for the District of Columbia, Civil Division, Washington, DC, Lauren A. Wetzler, Catherine M. Yang, US Attorney's Office, Alexandria, VA, for Defendant National Geospatial Intelligence Agency.
Johnny Hillary Walker, III, U.S. Attorney's Office for the District of Columbia, Civil Division, Washington, DC, Catherine M. Yang, US Attorney's Office, Alexandria, VA, for Defendant Gina Haspel.
At issue in this employment discrimination action is Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P.1 This motion has been fully briefed and argued, including a telephonic hearing on the matter that occurred on June 10, 2021. Following the telephonic hearing on June 10, 2021, the parties complied with an Order dated June 11, 2021 directing the submission of additional briefing and/or evidence regarding the question whether subject matter jurisdiction exists here. These submitted materials2 have been reviewed and considered. Accordingly, the matter is now ripe for disposition.
The following facts, appropriately derived from the Complaint and the submitted evidence,3 are pertinent to the question whether subject matter jurisdiction exists here.
The sole question presented is whether there is federal subject matter jurisdiction to review Plaintiff's Title VII claims, challenging the Executive Branch's security clearance decision. This is not a novel question; this question was addressed and decided by the Supreme Court in Dep't of Navy v. Egan , 484 U.S. 518, 108 S.Ct. 818, 98 L.Ed.2d 918 (1988), a case which held that the "grant of security clearance to a particular employee ... is committed by law to the appropriate agency of the Executive Branch" and is not judicially reviewable. Id. at 527, 108 S.Ct. 818.6 In Egan , a civilian employee of...
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Mowery v. Nat'l Geospatial-Intelligence Agency
...under Egan and dismissed the case without prejudice under Federal Rule of Civil Procedure 12(b)(1).4 Mowery v. Nat'l Geospatial Intel. Agency , 550 F. Supp. 3d 303, 312 (E.D. Va. 2021). Mowery timely appealed.II."We review de novo a district court's dismissal of a complaint for lack of subj......
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Mowery v. Nat'l Geospatial-Intelligence Agency
... NATHAN MOWERY, Plaintiff - Appellant, v. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY; WILLIAM BURNS, Director of the Central Intelligence Agency, Defendants - Appellees. No. 21-2022 United States Court of Appeals, Fourth Circuit August 2, 2022 ... ... Argued: March 8, 2022 ... Appeal ... ...