Summary Judgment for Defendant in Employment Action Against Secret Service Partially Affirmed, and Other Criminal Matters

In US v. Shabban, No. 07-3138, the court of appeals affirmed defendant's international parental kidnaping conviction, holding that the evidence was sufficient to persuade a reasonable juror of defendant's guilt beyond a reasonable doubt.  However, the court remanded for an evidentiary hearing on defendant's ineffective assistance claim because the record was not conclusive on that issue.

In US v. Moore, No. 06-3085, the court of appeals affirmed defendant's conviction for making a materially false statement because he signed a false name on a Postal Service delivery form, on the ground that a statement is material if it has a natural tendency to influence, or is capable of influencing, either a discrete decision or any other function of the agency to which it was addressed.

Mogenhan v. Napolitano, No. 08-5457, involved an action against the Secret Service claiming that it violated the Rehabilitation Act by retaliating against plaintiff for filing a discrimination complaint and by failing to reasonably accommodate her disability.  The court of appeals affirmed in part summary judgment for defendant, holding that there was no genuine dispute that the Service reasonably accommodated plaintiff's disability.  However, the court reversed in part on the ground that the retaliatory actions plaintiff alleged might well have dissuaded a reasonable person from engaging in protected activity.

Related Resources

• Full Text of US v. Shabban, No. 07-3138
• Full Text of US v. Moore, No. 06-3085
• Full Text of Mogenhan v. Napolitano, No. 08-5457