DuBerry v. District of Columbia

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Plaintiffs, former correctional officers that had separated from service in good standing, sought to invoke the Law Enforcement Officers Safety Act (LEOSA) so that they could be able to carry concealed firearms as "qualified retired law enforcement officers." Plaintiffs filed suit under 42 U.S.C. 1983, seeking declaratory and injunctive relief to require the District to recognize them as "qualified retired law enforcement officers" for purposes of the Act.In DuBerry I, the DC Circuit found that the Act's plain text, purpose, and context show that Congress intended to create a concrete, individual right to benefit individuals like plaintiffs and that is within the competence of the judiciary to enforce. Therefore, the court held that plaintiffs had sufficiently alleged that the federal right they seek to enjoy has been unlawfully deprived by the District of Columbia to be remediable under section 1983.On remand, the district court granted summary judgment for plaintiffs. The court affirmed the district court's judgment on remand and held that the law of the case doctrine controls the disposition of the District's principle argument that plaintiffs lacked the proper identification and thus have no enforceable right that is remediable under section 1983. Rather, the court held that the Act creates an individual right to carry that is remediable under section 1983. The court also held that the District's causation argument was meritless. View "DuBerry v. District of Columbia" on Justia Law