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· 3/24/2014

Alfredo Semper v. Curtis Gomez

Citations

  • 60 V.I. 971
  • 747 F.3d 229
  • 2014 WL 1133557
  • 2014 U.S. App. LEXIS 5397

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Section 1361 does not allow courts to issue writs of mandamus against federal judges
  • concluding that a “fed- eral employee who could not pursue meaningful relief through a remedial plan that includes some measure of meaningful judicial review” would not be precluded by the CSRA from bringing a district court constitutional chal- lenge
  • holding that the statute conferring mandamus powers to a district court, 28 U.S.C. § 1361, does not confer subject matter jurisdiction to district courts to compel actions by judges and employees (citing Trackwell v. U.S. Gov’t, 472 F.3d 1242, 1246 (10th Cir. 2007
  • stating “it is undisputed that the CSRA precludes current or former federal employees from bringing a Bivens damages action for alleged constitutional violations arising out of the employment context”
  • finding that a district court judge properly dismissed a petition for mandamus against the chief judge of the district and stating “we do not believe that it would be appropriate for the District Court of the Virgin Islands to issue a writ of mandamus against its own Chief Judge.”
  • finding that a district court judge properly dismissed a petition for mandamus against the chief judge of the district and stating “we do not believe that it would be appropriate for the District Court of the Virgin Islands to issue a writ of mandamus against its own Chief Judge.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Cowen, Nygaard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.