Firm News Archives

Law Offices of David P. Sheldon, PLLC Clarifies Immunity of U.S. Public Health Service Officers from Personal Liability

Posted on March 18, 2025March 25, 2025 by Becky Haugen

FOR IMMEDIATE RELEASE

Law Offices of David P. Sheldon, PLLC Clarifies Immunity of U.S. Public Health Service Officers from Personal Liability

Washington, D.C. – March 18, 2025 – The Law Offices of David P. Sheldon, PLLC, a leading firm specializing in military and federal employment law, reaffirms that United States Public Health Service (PHS) officers are immune from personal liability for their official actions. Read the Ruling.

A recent inquiry posed the question of whether PHS officers need to obtain personal insurance for their official acts. The answer is a definitive no. The Supreme Court decision in Castaneda v. Hui, 599 U.S. 799 (2010) established that PHS officers, like our client a named Defendant in the case, are shielded from personal lawsuits under the Federal law.

In this landmark ruling, Justice Sonia Sotomayor, writing for a unanimous Court, made it clear that 42 U.S.C. § 233(a) expressly provides that the FTCA is the exclusive remedy for claims related to constitutional violations committed by PHS officers while acting within the scope of their official duties. The ruling precludes Bivens actions against individual officers, ensuring their legal protection in the performance of their critical public health responsibilities.

“This decision underscores the legal protections in place for PHS officers, reinforcing that personal liability is not a concern when they act within their official scope of duty,” said David P. Sheldon, Managing Partner at the firm. “Our firm is dedicated to defending the rights of service members and federal employees, ensuring that legal protections are properly understood and upheld.”

For more information about the legal rights of PHS officers or other federal employees, contact the Law Offices of David P. Sheldon, PLLC at (202) 546-9575 or visit www.militarydefense.com.

About the Law Offices of David P. Sheldon, PLLC—headquartered in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides premier legal representation for military personnel, federal employees, and public service officers in a wide range of cases, including administrative actions, courts-martial, appeals, and federal employment law. With years of expertise, the firm is a trusted advocate for those serving in uniform and beyond.

Contact:
Law Offices of David P. Sheldon, PLLC
(202) 546-9575
www.militarydefense.com

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Press Release: Landmark Settlement Reached in Cash v. U.S. Air Force Case

Posted on March 8, 2025March 25, 2025 by Becky Haugen

Overview

In a significant development for federal employment rights, the U.S. Equal Employment Opportunity Commission (EEOC) has approved a comprehensive settlement agreement in the case of Cash v. U.S. Air Force (EEOC Docket No: 570-2024-00752X). The settlement resolves multiple claims of harassment, discrimination, and the creation of a hostile work environment by the complainant’s supervisor. The agreement is set to enhance fairness and accountability within federal workplaces.

Settlement Highlights

Monetary Relief:
The settlement includes a compensatory award to the complainant, in addition to attorney’s fees and costs. This sum is part of a broader resolution under Title VII claims, distinct from wages.
Non-Monetary Remedies:
The U.S. Department of the Air Force has agreed to expunge or remove all derogatory and erroneous information from the complainant’s official personnel files and performance evaluations. This includes the removal of records related to a Performance Improvement Plan and a Letter of Expectations and Counseling. In addition, the Agency will address related indebtedness issues to further mitigate the complainant’s professional records.
Release and Confidentiality:
Under the terms of the agreement, the complainant has agreed to release all claims related to the discriminatory actions, and both parties have committed to maintaining the confidentiality of the settlement terms, unless legally mandated otherwise. Importantly, the agreement explicitly states that the settlement does not constitute an admission of liability by the Agency.
Implementation Timeline:
The settlement will be executed within 45 days from the signing of the agreement, with regular updates provided in case of any delay, ensuring a transparent process moving forward.

Detailed Background

The dispute arose when Cash, a federal civilian employee, alleged multiple forms of discriminatory behavior by her supervisor. The claims detailed harassment based on race and age, as well as an overall toxic work environment that created significant professional challenges. After rigorous negotiations and a joint settlement motion, both parties have agreed to the above terms in a bid to resolve the matter amicably and restore a respectful work environment.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, P.L.L.C. is a renowned legal practice dedicated to representing individuals in matters of federal employment law. With decades of experience and a strong commitment to advocating for employees’ rights, the firm has successfully handled complex cases involving discrimination, harassment, and workplace injustices. Their expert legal team, led by David P. Sheldon, is recognized for its thorough, strategic approach to litigation and settlement negotiations, ensuring that clients receive fair treatment and justice in every case.

For more information or media inquiries, please contact:
Address: 100 M St. SE, Ste 600, Washington, DC 20003
Tel: 202.546.9575
MilitaryDefense.com

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Legal Action on Behalf of Retired USPHS Member Challenging Injustice in Federal Public Health Service Record Correction Case

Posted on February 28, 2025March 25, 2025 by Becky Haugen

FOR IMMEDIATE RELEASE

Law Offices of David P. Sheldon, PLLC Files Legal Action Challenging Injustice in Public Health Service Record Correction Case

Washington, D.C. – February 28, 2025 – The Law Offices of David P. Sheldon, PLLC, a premier law firm specializing in military and federal employment law, has filed a lawsuit on behalf of a distinguished former officer of the United States Public Health Service (PHS) Commissioned Corps. The complaint, filed in the United States District Court for the District of Columbia, challenges a federal agency’s refusal to grant relief despite findings of injustice by an official military correction board.

Represented by Dylan Thayer, a federal litigator, the plaintiff—an officer with the rank of Commander—seeks to overturn a decision by the Program Support Center Director that disregarded evidence of wrongful termination and procedural violations. The lawsuit asserts that the officer was unfairly separated from service despite a military records board’s acknowledgment that her supervisors failed to address critical signs of an underlying medical condition.

“This case exemplifies a fundamental failure to ensure justice for those who have dedicated their careers to public service,” said attorney Dylan Thayer. “Despite a finding of injustice by the Board for Correction of PHS Commissioned Corps Records, the final decision-maker arbitrarily denied relief, disregarding both the evidence and the governing legal standards.”

The lawsuit contends that the agency’s decision violated federal law, failed to correct a clear injustice, and deprived the officer of due process rights under the Fifth Amendment of the U.S. Constitution. The plaintiff is seeking a remand of the case to the Board for a lawful review that adheres to applicable statutes and regulations.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized firm specializing in military law, federal employment disputes, security clearance matters, and appellate litigation. With a track record of successfully advocating for service members, veterans, and federal employees, the firm remains committed to securing justice for those who serve our nation.

For more information, please visit www.militarydefense.com or contact the firm at:

Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, DC 20003
Phone: (202) 546-9575
Fax: (202) 546-0135

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Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces

Posted on February 24, 2025March 25, 2025 by Becky Haugen

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces in SrA Bryce Roan’s Case

Washington, D.C. – On Wednesday, February 26, 2025 Senior Trial and Appellate Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, will present oral argument before the Court of Appeals for the Armed Forces (CAAF) in the case of Senior Airman (SrA) Bryce Roan. The argument will focus on the government’s failure to disclose exculpatory evidence, violating SrA Roan’s constitutional and statutory rights to a fair trial under Brady v. Maryland and Rule for Courts-Martial 701.

SrA Roan was convicted of wrongful use of cocaine following a positive urinalysis during a unit-wide drug sweep. However, critical evidence indicating the possibility of a false positive due to a pre-workout supplement was withheld by military prosecutors. This evidence was later disclosed in a separate but related court-martial, where Roan’s roommate was acquitted of the same offense. Despite clear indications of gross negligence by investigators—including the destruction of key investigative records—the government proceeded with Roan’s prosecution without full disclosure of exculpatory evidence.

CAAF granted review on the following issues:

Whether the lower court erred in finding that the withheld evidence was immaterial, thereby violating the principles established in Brady v. Maryland.
Whether the government’s failure to disclose evidence violated SrA Roan’s rights under Rule for Courts-Martial 701.

“The failure to disclose exculpatory evidence is an affront to every service member’s right to a fair trial,” said Annie Morgan, who will argue the case on behalf of SrA Roan. “This case is about more than one Airman—it is about ensuring integrity in military justice. We will not stop fighting until justice prevails.”

The Law Offices of David P. Sheldon, PLLC, a nationally recognized military law firm based in Washington, D.C., continues to champion the rights of service members in complex court-martial cases and appeals.

For more information, please contact:

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
www.militarydefense.com

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Veteran Files Federal Lawsuit to Correct Military Records for Denial of Earned Combat Honors and Benefits

Posted on February 21, 2025March 25, 2025 by Becky Haugen

Veteran Challenges Army’s Denial of Earned Honors and Benefits in Federal Court

Washington, D.C. – The Law Offices of David P. Sheldon, P.L.L.C., announced today that a federal lawsuit has been filed challenging the Army Board for the Correction of Military Records’ refusal to award a decorated U.S. Army veteran full medical retirement, back pay, and well-earned honors for combat service. Attorney Dylan Thayer, of the Washington, D.C.-based firm, is representing the plaintiff in this case, which seeks to correct unjust decisions made regarding his military record and disability benefits.

The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that the Army improperly denied the plaintiff the Combat Action Badge and the Purple Heart, despite clear evidence of combat injuries and engagement with enemy forces. The legal action also challenges the Army’s decision to discharge the plaintiff with a partial disability severance rather than granting full medical retirement.

“Our client has given years of honorable service to his country and has suffered significant, documented combat injuries,” said Dylan Thayer. “The Army Board’s refusal to grant him the recognition and compensation he rightfully deserves is both unjust and inconsistent with the law. This lawsuit seeks to correct these wrongs and ensure that his sacrifices are properly honored.”

The complaint asserts that the Army’s denial was arbitrary, capricious, and contrary to military regulations. Despite overwhelming medical and service records supporting the plaintiff’s claims, the Board refused to amend his records or provide the benefits to which he is entitled.

“The Army’s decision contradicts its own regulations and policies,” said Thayer. “We are confident that the court will recognize the injustice in this case and direct the Army to rectify these errors.”

This lawsuit is part of a broader effort by The Law Offices of David P. Sheldon to advocate for veterans who have been denied benefits through wrongful injustices and denial of the law.

For further information or media inquiries, please contact:

Law Offices of David P. Sheldon, P.L.L.C.
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: 202-546-9575
militarydefense.com

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Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Posted on February 20, 2025March 25, 2025 by Becky Haugen

Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Washington, D.C. – February 20, 2025 – Attorney Dylan Thayer will present oral arguments before the United States Court of Appeals for the District of Columbia Circuit on February 21, 2025, at 9:30 A.M., advocating for Major Thomas G. Coleman (ret.), USAF, in his case against Secretary of the Air Force Frank Kendall, III.

Major Coleman seeks to rectify a bureaucratic error that has unjustly prevented him from completing his 18-year safe harbor period for military retirement. The Air Force Board for the Correction of Military Records (AFBCMR) acknowledged the error but has failed to fully remedy its consequences. At issue is whether a military correction board, upon identifying an injustice, is required under the law of the D.C. Circuit to fully correct that injustice. Thayer will argue that the answer is unequivocally yes.

In his appeal, Major Coleman is requesting 49 days of constructive service credit to compensate for the eight to 14 months of service time he was wrongfully deprived due to Air Force administrative failures in processing his waiver and transfer request between 2012 and 2013. Despite meeting all requirements to make the year count toward his retirement, the Air Force’s error prevented him from earning the necessary 50 points for a complete year. While the AFBCMR has previously made minor adjustments, it has never fully corrected the injustice, leaving Major Coleman without the retirement protections he rightfully earned.

Thayer will emphasize that when a military correction board acknowledges an error, it is legally obligated to restore the service member to the position they would have been in but for the mistake. This case carries significant implications for service members who rely on correction boards to ensure fairness in military records and retirement eligibility.

Oral arguments will take place at the United States Court of Appeals for the District of Columbia Circuit and is listed on the court’s website: www.cadc.uscourts.gov.

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Law Offices of David P. Sheldon, PLLC Files Lawsuit Against U.S. Air Force Over Delayed Wrongful Death Claim

Posted on February 17, 2025March 25, 2025 by Becky Haugen

Law Offices of David P. Sheldon, PLLC Files Federal Lawsuit Against U.S. Air Force Officials Over Unreasonable Delay in Wrongful Death Claim

Washington, D.C. – February 17, 2025 – The Law Offices of David P. Sheldon, PLLC has filed a lawsuit in the United States District Court for the District of Columbia on behalf of Shawn Bogen, a widow seeking justice after the tragic drowning of her husband, Andrew Bogen, at a Department of the Navy-managed swimming facility in Japan.

The lawsuit, filed against senior officials of the United States Air Force, including Chief of the Foreign Torts and Litigation Branch, Stephen J. Eriksson, and Acting Secretary of the Air Force, Gary A. Ashworth, challenges the agency’s failure to take timely action on Ms. Bogen’s wrongful death claim under the Military Claims Act (MCA).

Mr. Bogen, a civilian Department of Defense Education Activity teacher, drowned at the Purdy Fitness Center Pool in Yokosuka Naval Base, Japan, on August 29, 2022. Despite visible distress, on-duty lifeguards failed to respond promptly, resulting in his untimely death.

Ms. Bogen initially filed her claim under the MCA in November 2023, yet the Air Force has refused to either approve or deny the claim, instead insisting that she first pursue a separate claim under the Federal Employees’ Compensation Act (FECA)—despite clear legal precedent demonstrating that FECA does not apply in this case.

“The government’s refusal to take action on Mrs. Bogen’s claims is not just an administrative failure—it is an injustice,” said Dylan Thayer, lead counsel for the plaintiff. “By unlawfully withholding and unreasonably delaying a decision, the Air Force is denying a grieving widow the closure and compensation she is legally entitled to.”

The lawsuit, brought under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. § 706(1)), seeks a court order compelling the Air Force to take immediate action on Ms. Bogen’s claims and provide the justice she and her family deserve.

The Law Offices of David P. Sheldon, PLLC remains committed to holding military and government agencies accountable and ensuring fair treatment for service members, federal employees, and their families.

For more information, please contact:

David P. Sheldon
Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: (202) 546-9575
Website: www.militarydefense.com

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Annie Morgan on Military Justice & Women in the Armed Forces – Dog Tag Diaries Podcast

Posted on February 12, 2025February 19, 2025 by Becky Haugen

Guest Appearance by Annie Morgan on the Dog Tag Diaries Podcast to Discuss Military Justice and Defending High Value Detainees at Guantanamo Bay

Washington, D.C. – February 12, 2025 – The Dog Tags Podcast, hosted by Captain Kim and Captain Dakota, features a powerful new episode with special guest Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. Known for her fierce advocacy for service members and extensive work in military justice, Morgan shares her insights on legal challenges within the military, her experiences representing detainees at Guantanamo Bay, and the ongoing push for military justice.

Dog Tag Diaries, hosted by Captain Kim and Captain Dakota, has become a trusted platform for sharing authentic stories of experiences in the military—particularly those highlighting the voices and experiences of women in service. This episode adds another meaningful conversation to their growing library of compelling content.

Episode Highlights Include:

Annie Morgan’s work as military attorney for detainees at Guantanamo Bay
Defending military members and her commitment to justice for the military community
The importance improving conditions for women in the armed forces
Her own experiences of being part of the military community from childhood to now a Senior Military Attorney for the Law Offices of David P. Sheldon

Where to Listen:
The Dog Tag Diaries Podcast is available on Dog Tag Diaries. Don’t miss this episode featuring Annie Morgan and other inspiring voices from women in the military community. “Join Captain Kim as she explores Annie’s experiences defending airmen and navigating the intricacies of criminal justice.”

Lawsuit Filed Against Department of Defense for Medical Negligence and Procedural Violations

Posted on February 7, 2025March 25, 2025 by Becky Haugen

Complaint Filed Against Department of Defense Alleging Medical Negligence and Violations of Procedural Rights

Washington, DC – The Law Offices of David P. Sheldon have filed a federal complaint on behalf of the father of a deceased U.S. Navy seaman, alleging severe medical negligence by the medical staff aboard the USS Ronald Reagan and significant violations of due process by the Department of Defense.

The complaint asserts that the seaman, who tragically passed away in 2016, was denied proper medical care over a six-day period despite showing increasingly severe symptoms of illness. Medical personnel allegedly ignored protocol and failed to administer necessary diagnostic tests, resulting in the preventable death of a young service member.

“This case highlights a profound failure of care and accountability,” said Dylan Thayer, an attorney with the Law Offices of David P. Sheldon. “No family should ever experience such a tragic loss due to negligence, nor should they be denied justice by procedural errors and misapplications of the law.”

The complaint further alleges that after the independent autopsy revealed the true cause of death, the Department of Defense repeatedly misrepresented the circumstances surrounding the seaman’s passing. Efforts by the family to seek justice were met with denials and procedural barriers, including an improper refusal to apply the discovery rule to determine the timeliness of the claim.

“We are committed to ensuring that this family’s voice is heard and that those responsible are held accountable,” Thayer added. “This lawsuit is about more than just one individual case—it’s about exposing a broader issue and preventing future injustices.”

The lawsuit seeks judicial review of the Defense Health Agency’s denial of the family’s claim, arguing that the agency’s actions were arbitrary, capricious, and in violation of constitutional and statutory rights.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon are dedicated to representing military service members and their families in matters involving military justice, medical negligence, and appeals. With extensive experience in military law, the firm is known for its tireless advocacy and pursuit of justice for those who serve.

Law Offices of David P. Sheldon
202-546-9575
militarydefense.com

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