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Tag: lawsuit

Fired McCabe Wins Back Pension 3 Years After Trump Fired Him Just Before Retirement

Former FBI Deputy Director Andrew McCabe, via FBI.

By Steve Neavling

Former FBI Deputy Director Andrew McCabe, who was fired just hours before his scheduled retirement in 2018, won back his pension and other benefits. 

McCabe filed a lawsuit against the Justice Department in August 2019, saying he was unjustly terminated at the “unlawful whims” of then-President Donald Trump. McCabe initiated special counsel’s Russia investigation, which Trump baselessly called a “witch hunt.”

On Thursday, McCabe reached a settlement with the Justice Department, which rescinded his dismissal and allowed him to retire with full pension benefits, The Washington Post reports.

“Politics should never play a role in the fair administration of justice and civil service personnel decisions,” McCabe said in a statement through the Arnold & Porter law firm. “. . . I hope that this result encourages the men and women of the FBI to continue to protect the American people by standing up for the truth and doing their jobs without fear of political retaliation.”

One of the firm’s attorney, Murad Hussain, said civil servants have a duty to the Constitution, not a political party or individual. 

“This settlement and the district court’s rulings make clear that attempts to corrupt the federal workforce through partisan intimidation and improper political influence will not go unanswered,” Hussain said.

‘White Boy Rick’ Sues FBI, Detroit Police in $100M lawsuit Claiming Child Abuse

Richard Wershe Jr.

By Steve Neavling

Richard Wershe Jr., a former federal informant and cocaine dealer known as White Boy Rick, is suing the FBI and Detroit police for alleged child abuse. 

In a federal lawsuit announced Tuesday, Wershe claims the FBI and Detroit police recruited him to snitch at the age of 14. But when law enforcement no longer needed him, Wershe stayed in the drug world before he was busted selling cocaine at the age of 17. 

“Had I not been an informant for the task force, I would never have gotten involved with drug gangs or criminality of any sort,” the lawsuit states.

He was sentenced to life in prison in 1988 and eventually paroled in 2017, only to be sent to a Florida prison to serve time for a 2006 conviction for his role in a car theft while locked up in Michigan. 

Wershe was finally set free on July 20, 2020. 

He is now 52 years old.

Libyan-Born Comedian Awarded $35,000 in Lawsuit over Interaction with Border Patrol

Comedian Mohanad Elshieky. Photo: Twitter

By Steve Neavling

A Libyan-born comedian who says he was racially profiled and illegally detained by Border Patrol agents after a stand-up show in 2019 was awarded a $35,000 settlement from the federal government.

Mohanad Elshieky, who was granted asylum in 2018, filed suit after agents pulled him off a Greyhound bus in Spokane, Wash., and falsely accused him of being in the country illegally. His tweets about the ordeal went viral.

“I explained to them that I was granted Asylum here in the United States,” Elshieky tweeted, “and that the work permit they currently hold and the license are impossible to get unless your presence here is legal. They told me that I was lying and these could pretty much be falsified.”

In a settlement with the federal government, Elshieky will receive $35,000, according to the Northwest Immigration Rights Project.

“To have the same government that is supposed to protect me accuse me of lying and being here illegally really shook me and undermined my hard-fought sense of safety,” Elshieky said in a statement. “I’ll never forget the harassment and humiliation by the officers when it was clear I belonged in the United States and on that bus. I hope my experience can at least be a wake-up call for others, and a lesson for CBP and its agents to treat everyone with dignity and respect, and to honor their rights.”

Black ATF Agent Sues ATF Again After Settling Lawsuit over Nazi-Tattooed Colleague

ATF Agent Bradford Devlin with a Nazi-themed tattoo, via U.S. District Court.

By Steve Neavling

ticklethewire.com

A black ATF supervisor who receive $450,000 to settle a lawsuit in which she claims the agency discriminated against her after she launched complaints about another supervisor with a Nazi-themed tattoo has sued the agency again.

Cheryl Bishop, a senior supervisor agent in Seattle and former bomb-dog handler, alleges in the latest lawsuit that she was smeared and retaliated against after the settlement in the first case was published in a newspaper, The Seattle Times reports.

According to the lawsuit filed in U.S. District Court, Bradford Devlin, the supervisor who was previously accused of abusive, racist behavior, was back at it again, sending an email to 150 ATF employees in which he defended himself and used racist tropes and false allegations against Bishop. Devlin is the resident agent in charge of the ATF’s Eugene, Oregon’s, office.

The lawsuit alleges the ATF’s failure to discipline Devlin or address his racist action led to more abuse.

“The Government’s repeated failure to discipline its employees for violating the law, unsurprisingly, leaves them to feeling free to do so again and again,” Bishop’s Seattle lawyer, Jesse Wing, said. “The Agency’s behavior, shrugging off continued defiant acts of race harassment and retaliation committed by a known racist supervisor in its ranks, reflects the need for fundamental change at ATF.”

The ATF declined to comment.

In the previous lawsuit, Bishop alleged the ATF scuttled her appointment to a job at Washington D.C.’s headquarters after she blew the whistle on abusive behavior by Devlin and complained about a Nazi-themed tattoo on his arm.

Devlin, who is now the senior supervisor in ATF’s Seattle Field Division, denied being abusive and says he got the Nazi tattoo while working undercover investigating an outlaw white-supremacist biker gang in Ohio.

Although the agency offered to pay for the removal of the tattoo, Devlin decided to keep it, calling it a “war trophy.”

Memo: Federal Agents in Portland Not Adequately Trained in Riot Control Or Mass Demonstrations

By Steve Neavling

ticklethewire.com

Federal agents who were sent to Portland to quell protests were not adequately trained in riot control or mass demonstrations, Homeland Security warned in an internal memo.

The memo, dated Thursday, was written for acting Homeland Security Secretary Chad Wolf, who criticized local officials’ handling of protests that resulted in property damage at federal buildings, The New York Times reports.

The presence of federal officers has drawn widespread criticism and lawsuits after videos circulated on social media showing the officers in camouflage grabbing protesters from the streets and loading them into unmarked minivans.

“Moving forward, if this type of response is going to be the norm, specialized training and standardized equipment should be deployed to responding agencies,” the memo warns.

Among those sent to Portland were tactical agents from a group known as BORTAC, a SWAT-type team that typically investigates drug smuggling organizations, not protests.

Homeland Security spokesman Alexei Woltornist said the federal agents received “additional training for their deployment in the city” to help the Federal Protective Service.

The sight of federal officers shooting tear gas and non-lethal projectiles at protesters appears to have escalated “fear and violence” in the city, Oregon Attorney General Ellen Rosemblum argued in a lawsuit filed Friday against Homeland Security, U.S. Marshals Service, and CBP.

DOJ Urges Judge to Toss Sexual Harassment Lawsuit Against FBI Over ‘Distinct’ Claims

Training academy in Quantico, Va.

By Steve Neavling

ticklethewire.com

The Justice Department urged a federal judge Tuesday to dismiss a lawsuit filed by current and former FBI recruits who allege the academy is a “good-old-boy network” that exposes women to a hostile work environment, inappropriate jokes and sexual advances beginning in 2015.

DOJ lawyers argued the class-action lawsuit is inappropriate because each defendant leveled separate and distinct allegations against different instructors without specifying a specific FBI policy that led to the alleged harassment, The Washington Times reports.

Rather, the lawyers said, each of the 16 women should file individual lawsuits.

“Here, plaintiffs have simply failed to allege the required ‘glue’ holding their allegations of disparate treatment together,” the department wrote.

The suit, filed last year, claims some of the women were discriminated against based on their race or disabilities. One African American trainee alleges an instructor called her “spaghetti head” because of her braids.

The lawsuit zeroed in on the mock town known as Hogan’s Alley, where trainees learn about tactical training with fake criminals and terrorists. This phase of training resulted in many women being kicked out of the academy.

At the time of the suit, seven of the 16 women still worked for the FBI.

The women are asking for more female training instructors, an examination of the training evaluation process and $300,000 each for emotional stress.

“The instructors and fellow trainees who are alleged to have discriminated, as well as the timing and the factual nature of the alleged discrimination, are entirely different in the administrative complaints and allegations of” the two plaintiffs, DOJ lawyers wrote.

“Accordingly, to resolve these two separate administrative complaints, the FBI necessarily would have conducted two completely separate investigations which would have involved gathering distinct documents and interviewing different witnesses.”

Supreme Court: Mexican Family Cannot Sue Border Patrol Agent Who Killed Teenager in Cross-Border Shooting

Border marker at San Ysidro Port of Entry, via Border Patrol.

By Steve Neavling

ticklethewire.com

The family of a Mexican teenager killed in a cross-border shooting a decade ago cannot sue the U.S. Border Patrol agent who fired the fatal shot from American soil, a deeply divided Supreme Court ruled Tuesday.

In a 5-4 ruling, the court upheld a lower court’s decision to dismiss the lawsuit filed by the parents of 15-year-old Sergio Adrian Hernandez Guereca, who was fatally shot in 2010 by Border Patrol Agent Jesus Mesa Jr.

The teenager was on the Mexican side of the border when he was shot.

The central question: When Mexican teenagers are shot on the Mexican side of the border, can American families sue in U.S. courts?

The family of Guereca said the teenager was playing a game with friends when he was shot in the head by Mesa.

Mesa said he pulled the trigger because he was under attack by rock throwers.

The Supreme Court took the case in February 2017 but sent it back to a lower court for more proceedings.

At the time, the Trump administration argued the right to sue in U.S. courts “should not be extended to aliens injured abroad.”

The court’s decision will make it more difficult for foreign nationals to sue federal officers for civil rights violations.

“A cross-border shooting claim has foreign relations and national security implications,” Associate Justice Samuel Alito wrote, The USA Today reports. “In addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad.”

Associate Justice Ruth Bader Ginsburg disagreed because the shooting occurred on the U.S. side of the border.

“Neither U.S. foreign policy nor national security is in fact endangered by the litigation,” Ginsburg wrote. “Moreover, concerns attending the application of our law to conduct occurring abroad are not involved, for plaintiffs seek the application of U.S. law to conduct occurring inside our borders.”

Suit Alleging Sexual Harassment at FBI’s Training Academy Adds 17th Woman

Training academy in Quantico, Va., via FBI

By Steve Neavling

ticklethewire.com

A female FBI trainee has become the 17th woman to claim she was sexually harassed at the bureau’s training academy in Quantico, Va.

The Florida woman who was discharged from the training academy joined a lawsuit that alleges the academy is a “good-old-boy network” that exposes women to a hostile work environment, inappropriate jokes and sexual advances beginning in 2015.

The lawsuit was amended to include the unidentified woman’s accusations, The Washington Times reports.

The trainee alleges her male supervisors effectively discharged her by issuing numerous situations known as “suitability notations,” which instructors hand out for issues ranging from insubordination to inability to complete a task.

The suit, filed in May, claims some of the women were discriminated against based on their race or disabilities. One African American trainee alleges an instructor called her “spaghetti head” because of her braids.

The lawsuit zeroed in on the mock town known as Hogan’s Alley, where trainees learn about tactical training with fake criminals and terrorists. This phase of training resulted in many women being kicked out of the academy.

At the time of the suit, seven of the 16 women still worked for the FBI.

The women are asking for more female training instructors, an examination of the training evaluation process and $300,000 each for emotional stress.

The FBI has declined to publicly comment on the case.