Tag: Law Offices of David P Sheldon

Law Offices of David P. Sheldon Files Key Legal Motion in Military Defense Case

Posted on by Becky Haugen

The Law Offices of David P. Sheldon is pleased to share an important legal update regarding a recent filing in a military defense case. Led by attorney Dylan Thayer, our firm has submitted a critical motion in the United States Court of Appeal for the District of Columbia Circuit on behalf of a dedicated service member in the United States Army. This motion seeks to overturn a wrongful conviction that threatens both the career and reputation of a decorated officer, underscoring our firm’s unwavering commitment to ensuring justice for those who serve in the armed forces.

Legal Strategy and Advocacy

The motion, filed in a high-stakes military law matter, presents compelling arguments that challenge procedural inconsistencies, evidentiary issues, and violations of due process that have unfairly impacted our client, a Senior Non-Commissioned Officer (NCO) with over 15 years of honorable service. This case involves allegations that were based on flawed investigative procedures, raising significant concerns about the fairness of the military justice process.

Attorney Dylan Thayer, an experienced advocate in military defense law, crafted a well-researched and forceful legal argument addressing key issues related to military regulations and procedural fairness. The motion highlights due process violations and improper handling of exculpatory evidence that could have significantly altered the outcome of the original proceedings.

“This filing is a testament to our firm’s dedication to fighting for service members’ rights,” said Thayer. “The stakes in this case are high—our client’s career, military benefits, and lifelong reputation are on the line. We take immense pride in providing strong, strategic legal representation to ensure that justice is upheld.”

Commitment to Military Defense

The Law Offices of David P. Sheldon has built a reputation as a leading firm in military law, representing service members across all branches of the military. Based in Washington, DC, our team is known for its expertise in courts-martial appeals, discharge upgrades, security clearance matters, and military administrative proceedings. Our attorneys bring decades of experience to the table, providing clients with top-tier legal advocacy in complex military cases.

This latest filing reflects our ongoing commitment to defending those who have dedicated their lives to serving our country. We will continue to monitor this case closely and provide updates as developments unfold.

For more information about our legal services or to schedule a consultation, visit militarydefense.com or contact our office directly 202-546-9575.

About the Law Offices of David P. Sheldon
Located in Washington, DC, the Law Offices of David P. Sheldon is a premier military defense law firm dedicated to representing service members in a wide range of legal matters. With a proven track record of success, we are committed to protecting the rights of those who serve. Learn more at militarydefense.com.

 

Testimonial: Military Legal Advocacy That Delivers: My Experience with the Law Offices of David P. Sheldon

Posted on by Becky Haugen

I served honorably for 14.5 years in the Air Force as an intelligence analyst and instructor of intelligence analysis. I sincerely loved performing in my specialty and having the opportunity to lead in my field, and will always be appreciative of the opportunities I have had while serving; with that being said, everyone has to take off the uniform at some point. In my case, due to some sudden health changes, my ability to contribute to the Air Force in my specialty was degraded, and I had some very tough decisions to make regarding opting to stay in, or to pursue leaving with maximized benefits. It turned out to be in the best interest of all parties involved, to conclude my service. During this extremely uncertain period, I am very grateful to have had the legal team of David P. Sheldon and associates in my corner, giving me the peace of mind of having a private team outside of the Air Force that I viewed as more likely to be invested in a positive outcome for me than I feared the local Air Force legal representation may have been.

I’m grateful to the team, and found them to be diligent, professional, and a source of personal assurance. I received the outcome I was looking for, and then some, and the Law Offices of David P. Sheldon were right there for me every step of the way.

L.C., Master Sergeant, USAF

Federal Rehiring Order: The Legal Ramifications of Non-Compliance

Posted on by Becky Haugen

In a landmark decision that has sent shockwaves through the federal bureaucracy, U.S. District Judge William Alsup has ordered several federal agencies to immediately rehire tens of thousands of probationary employees. Issued on March 13, 2025, the ruling challenges the Trump administration’s accelerated effort to downsize the workforce—a move Judge Alsup described as a “sham” designed to bypass established legal procedures. At the Law Offices of David P Sheldon, we are closely monitoring the evolving legal landscape surrounding this decision, particularly the significant implications if federal agencies choose not to comply.

Please note: This article is a reflection of the current ruling and does not constitute actual legal advice. For personalized guidance, please contact our firm to schedule a consultation.

The Ruling at a Glance

Judge Alsup’s decision specifically targets the mass firings orchestrated by the government’s central human resources office. The judge characterized these terminations as unlawful, arguing that the administration’s actions were a deliberate attempt to avoid statutory procedures required for a legitimate reduction in force. Importantly, while the ruling mandates immediate reinstatement of the affected employees, it also clarifies that federal agencies retain the authority to conduct future layoffs—provided they strictly adhere to legal protocols. politico.com

Legal Issues Surrounding Non-Compliance

Federal agencies are bound by both statutory requirements and judicial oversight. Failure to comply with the judge’s ruling could trigger a range of legal consequences:

  1. Contempt of Court:
    Non-compliance with a federal court order may lead to a contempt of court ruling. Such a ruling could result in fines, sanctions, or other penalties aimed at enforcing judicial authority. Agencies that ignore the order risk not only legal sanctions but also damage to their reputations as stewards of public trust.
  2. Prolonged Litigation:
    Should any agency choose to defy the ruling, it may face further litigation. This could involve additional lawsuits initiated by federal employee unions, advocacy groups, or affected employees. Extended litigation would likely incur significant costs and further strain agency resources, compounding the administrative and legal challenges already at play.
  3. Administrative Repercussions:
    Non-compliance might also prompt intervention by oversight bodies, such as the Merit Systems Protection Board and the Federal Labor Relations Authority. Judge Alsup’s ruling hinted at concerns regarding the administration’s effort to dilute the effectiveness of these agencies. Their diminished oversight could result in more stringent future regulations and oversight mechanisms being imposed on non-complying agencies.
  4. Political and Public Backlash:
    Beyond the legal realm, agencies that defy a clear judicial mandate may encounter severe political repercussions. Such actions could undermine public confidence in the federal government and invite scrutiny from lawmakers, further complicating an already politically charged environment.

Strategic Considerations for Federal Agencies

Given these potential consequences, federal agencies must weigh their options carefully. The Law Offices of David P Sheldon advise that any decision to contest the ruling must be accompanied by robust legal justifications and a clear strategy for addressing the statutory requirements of a reduction in force. Agencies might consider the following strategies:

  • Engage in Immediate Compliance:
    By reinstating the affected employees as ordered, agencies can avoid immediate legal sanctions and mitigate the risk of additional litigation. Compliance does not preclude future layoffs, provided that all actions comply with the law.
  • Seek Clarification on Legal Procedures:
    Agencies may explore avenues to negotiate or clarify the procedures for lawful reductions in force. This could involve collaborative discussions with judicial authorities and oversight bodies to ensure that future workforce reductions meet all legal requirements.
  • Prepare for Enhanced Oversight:
    Non-compliance is likely to result in heightened scrutiny from both internal and external watchdogs. Agencies should prepare for increased audits, investigations, and potential oversight actions that could further impact their operational efficiency.

The legal landscape following Judge Alsup’s ruling is fraught with challenges for federal agencies. Non-compliance is not a viable option if agencies wish to avoid the cascading effects of contempt charges, protracted litigation, and administrative sanctions. The decision serves as a stern reminder that adherence to the rule of law remains paramount—even in politically charged times.

Again, this article does not constitute legal advice. It reflects current judicial developments and is intended for informational purposes only. For legal advice tailored to your specific circumstances, please contact the Law Offices of David P Sheldon to schedule a consultation.

For further details on this ruling and its broader implications, please refer to the original coverage by Politico.

politico.com

Titling. What?

Posted on by Becky Haugen

“Titled, Say What?”

By David P. Sheldon, Esq. & Ashleen M. Williams, Ph.D.

So, you left your previous duty station and, despite a bumpy departure due to an investigation, there were never any charges. Now at your new duty station and up for promotion, you find that during your intake screening you are not being detailed because you were “Titled.”

If you have been investigated for a crime such as theft, sexual assault, or another issue, you may have been titled. “Titling” is the indexing of a subject in national criminal databases like the Defense Central Index of Criminal Investigations (DCII) or the Army Crimes Record Center. Even if you were not charged with a crime or were later exonerated, you might have been titled because the standard is only “credible information.” This means that an investigating officer has wide discretion and can list your name in these databases simply on the basis of an investigation. In contrast, a criminal conviction requires proof beyond a reasonable doubt, a much higher standard than that required for titling.

How Do You Know If You Have Been Titled?

If a law enforcement agency—such as OSI, Army CID, or NCIS—places your name in the “title block” of their investigative report, you have been titled. Although titling may appear administrative or even benign, it can have significant adverse consequences for both your military and civilian career. For example, this information might surface during background checks, potentially resulting in the denial of job opportunities or visas.

Why Does It Matter If You Have Been Titled?

Your name remains in the database unless you can demonstrate that there was no credible evidence to justify the titling decision. Consequently, the decision to title someone may have long-lasting effects. Some examples include:

  • Security Clearances: Ongoing issues with clearance applications.
  • Employment Opportunities: Future job or visa applications may be affected.
  • Duration of Records: Nearly thirty agencies have access to databases like the DCII, and records are maintained for up to 40 years, meaning the “shadow of suspicion” could follow you for your entire career.

Options for Removing a Title

While challenging a titling decision is an uphill battle, all hope is not lost. Attorneys at the Law Offices of David P. Sheldon can help you obtain the information regarding your record and work to clear your name. The 2021 National Defense Authorization Act (NDAA) opened a pathway for service members to challenge a titling. Under the 2021 NDAA, a service member can request a correction, expungement, or removal of personally identifying information from a law enforcement or criminal investigative report, an index item or entry, or any other record maintained in connection with such a report.

The 2021 NDAA states that the following factors must be considered when challenging a title:

  1. Evidence: The extent or lack of corroborating evidence against the individual concerning the offense.
  2. Disciplinary Action: Whether any adverse administrative, disciplinary, judicial, or other actions were initiated.
  3. Outcome: The type, nature, and outcome of any actions taken.

Even though the military describes the decision to title as purely administrative, its long-term effects are very real. Our firm is committed to ensuring that your record accurately reflects the truth, so you don’t have to carry the burden of undue suspicion.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is dedicated to protecting the rights of service members and civilians alike. With years of experience in administrative law and criminal investigations, our team works tirelessly to assist those affected by erroneous titling and other related issues. Our mission is to help you clear your record, restore your reputation, and secure the future you deserve. We pride ourselves on a commitment to integrity, professionalism, and personalized legal advocacy.

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

Posted on 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

 

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

Posted on 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

Fighting for Federal Workers: A Legal Perspective on Unjust Job Loss

Posted on by Becky Haugen

Fighting for Federal Workers: A Legal Perspective on Unjust Job Loss

A Crisis for Federal Workers

Imagine dedicating years of service to your country, only to find yourself jobless overnight, without warning or justification. This isn’t a hypothetical situation—it’s happening right now to Veterans and military personnel in federal jobs across the country. Positions are being slashed, and the cuts often ignore the legal rights designed to protect these dedicated employees. The Law Offices of David P. Sheldon is stepping in to help workers challenge these unfair actions and fight for their futures.

Understanding Your Rights as a Federal Employee

Many federal employees don’t realize they have strong legal protections that prevent arbitrary terminations. These rights come from important laws, including:

  • Title 5 of the U.S. Code – Ensures due process before termination.
  • Veterans Employment Opportunities Act (VEOA) – Protects Veterans from unfair hiring and firing practices.
  • Merit Systems Protection Board (MSPB) – Allows federal employees to appeal wrongful terminations.
  • Whistleblower Protection Act (WPA) – Shields workers who report government misconduct from retaliation.

How the Law Offices of David P. Sheldon Can Help

The Law Offices of David P. Sheldon has built a strong reputation for fighting for federal employees, ensuring their rights are upheld when faced with job loss. Here’s how they help:

Challenging Unjust Terminations

  • Investigating whether job cuts followed proper legal procedures.
  • Filing appeals with the MSPB.
  • Negotiating reinstatements or financial settlements.

Protecting Veterans’ Rights

  • Ensuring that Veterans’ Preference rules are followed.
  • Filing complaints with the Department of Labor.
  • Seeking reinstatement or compensation when rights are violated.

Defending Against Retaliation and Discrimination

  • Standing up for employees facing retaliation for whistleblowing.
  • Fighting discrimination against disabled Veterans under USERRA.
  • Ensuring fair treatment in the federal workplace.

Appealing Unfair Job Cuts

  • Preparing grievances and appeals.
  • Challenging improper reductions in force (RIF).
  • Filing injunctions to stop wrongful dismissals.

What You Can Do Right Now

If you’ve lost your federal job unfairly, you are not powerless. Here’s what you should do:

  1. Get Everything in Writing – Request an official explanation for your termination.
  2. Act Fast on Appeals – You typically have 30 days to file an MSPB appeal.
  3. Enforce Your Veteran Status – If you’re a Veteran, file a claim with VETS within 60 days.
  4. Seek Legal Help – Contact an experienced federal employment lawyer.
  5. Keep Records – Maintain documentation of all communications and notices regarding your termination.

Conclusion

The unauthorized termination of federal employees—especially Veterans—is not just unfair; it’s illegal. The Law Offices of David P. Sheldon is committed to helping those who have served their country and now find themselves fighting for their livelihoods. If you or someone you know is facing an unjust removal, don’t wait—seek legal counsel and stand up for your rights.

For expert legal representation in federal employment disputes, contact the Law Offices of David P. Sheldon today.

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

Posted on 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

 

Political Stunt Feasibility As Migrants Are Sent To Guantanamo

Posted on by Becky Haugen

Accommodating 30,000 migrants would be “logistically impossible”, according to former Air Force Judge Advocate (JAG) Annie Morgan, a military attorney for the Law Offices of David P. Sheldon, Located in Washington, DC.

Full CNN story.

Trump’s Guantanamo Bay Migrant Detention Plan: Legal, Ethical, and Logistical Challenges

Trump’s plan to detain 30,000 undocumented migrants at Guantanamo Bay. Legal challenges, ethical concerns, and staggering costs dominate discussions of this controversial immigration policy.