United States DC Circuit

In suit against defendant alleging Food Safety and Inspection Service officials used defendant's enforcement powers to retaliate against plaintiff for statements he made concerning defendant's handling of an E. coli outbreak in 2002, dismissal of action is affirmed where: 1) one plaintiff seeking injunctive and declaratory relief was properly dismissed on standing and mootness grounds; 2) even assuming that a Bivens action might lie against defendant officials, plaintiffs failed to exhaust their administrative remedies before seeking judicial relief on their constitutional claims; 3) another plaintiff was properly dismissed for mootness and want of standing; and 4) another plaintiff's action for injunctive and declaratory relief is unripe for judicial review.

Appellate Information

• Decided 12/11/2007
• Published 12/11/2007

Judges

• Before:  GINSBURG, Chief Judge, GARLAND, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• Thad M. Guyer argued the cause and filed the briefs for appellants/cross-appellees.  Joanne Royce entered an appearance., Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellees/cross-appellants.   With her on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Mark B. Stern, Attorney.