Uniquely Qualified For Federal Cases
Bringing a “federal” case is always a daunting task and is not for the faint of heart. To sue the United States—whether seeking damages for injuries, review of a Corrections Board decision or to stop or compel the government to take action—requires attorneys who are skilled, competent, and experienced.
The Law Offices of David P. Sheldon are uniquely qualified to provide such services. The firm has over thirty years of litigating against the United States in every forum, including two United States Supreme Court cases, multiple Courts of Appeals decisions and countless District court cases. And the results have been nothing less than outstanding.
APA Review of BCMR Applications
Appeals of BCMR/BCNR Decisions
Under the Administrative Procedure Act (APA), federal courts have jurisdiction to review BCMR/BCNR decisions that did not follow agency rules.
Declaratory Judgment
Like habeas corpus lawsuits, but for those who were not sentenced to confinement, or for those who completed their sentence to confinement/parole. It can also be used to bring suits to compel government action such as in the Becker v. Mattis, where the Judge Advocate General of the Navy was violating federal law. Only when suit was brought and Retired General Mattis ordered him, did the Navy Jag do his job and follow the law.
The Law Offices of David P. Sheldon PLLC has represented, or is currently representing, former servicemembers in habeas corpus or declaratory judgment lawsuits in California, New York, Nevada, South Carolina, Virginia, Kansas, and Maryland.
Habeas Corpus
For those who are still serving a sentence to confinement, or on parole, a writ of habeas corpus offers clients a final chance to challenge the legitimacy of their court-martial convictions after their military appeals are done.
- Reviews the legitimacy of military appellate review as well as alleged errors at trial
- Often considered the “Hail Mary” of appeals
- Not a “redo” of your military appeals; usually limited to issues of constitutional magnitude that were raised during military appellate review, unless:
- the military appellate courts refused to consider the issue;
- the issue wasn’t raised due to ineffective assistance of counsel; or
- the issue is based on a change in law after military appeals were completed
The Law Offices of David P. Sheldon PLLC has represented, or is currently representing, former servicemembers in habeas corpus or declaratory judgment lawsuits in California, New York, Nevada, South Carolina, Virginia, Kansas, and Maryland. No matter you are located, the dedicated team at the Law Offices of David P. Sheldon are here to help.
Privacy Act Litigation
Privacy Act violations—absent certain exceptions, federal agencies cannot share private information about you to others without an official “need to know.” “Private information” is usually information that is linked to you by a private identifier, such as your name or social security number.
David Sheldon has an extraordinary record of litigating successfully against the United States. In Cummings v. Dept of the Navy, Mr. Sheldon won the right for all service members to sue for damages under the Privacy Act. In In re: Sealed Case, Mr. Sheldon won the right for National Guard members to sue under the Privacy Act-even if the member is under state orders.
A claim might also lie against the government when private information has been misused in violation of the Privacy Act of 1974. The law provides certain protections to individuals whose records are maintained by the military, regardless of whether the individuals are service members or civilians. Specifically, the law sets rules for the proper storage and use of private information for intended purposes, and limits access to such information for unintended purposes.
Readers may be familiar with the Privacy Act in the wake of the privacy breach of an estimated 4.2 million federal employee records maintained by the U.S. Office of Personnel Management. That breach resulted in a class-action lawsuit. Yet a privacy breach on an individual scale can still warrant a civil lawsuit and potentially result in compensation.
If you suspect that your private information has been misused, the first step is consulting with an attorney. An attorney can help military members and civilians understand the type of records pertaining to them, as well as the intended use of the information. Military members have a right to access and make copies of their own records.
- Todd C. USN