Filed Date: June 3, 2025
Case Ongoing
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This case asked for damages due to the termination of thousands of employees at the Department of Health and Human Services (HHS) and its subcomponents on the basis of incomplete or inaccurate personnel records. On June 3, 2025, seven individuals formerly employed by HHS brought a class action in the U.S. District Court for the District of Columbia on behalf of themselves and all others similarly situated (a class action). The plaintiffs sued Robert F. Kennedy Jr. as the Secretary of HHS, HHS, the Office of Management and Budget and its Secretary, Elon Musk, DOGE and its Administrator, the Office of Personnel Management and its Acting Director, the Administration for Children and Families and its Acting Assistant Secretary, the Food and Drug Administration and its Commissioner, and the CDC and its Acting Director.
Represented by private counsel, the plaintiffs alleged that on April 1, 2025, HHS terminated about 10,000 full-time employees. However, the plaintiffs claimed that the terminations were riddled with errors, as HHS used inaccurate performance ratings, competitive areas (an organizational and geographic subdivision in which employees compete with each other for retention), and competitive levels when deciding which employees to terminate. The plaintiffs argued that these inaccuracies led to HHS offices, subcomponents, and individuals being targeted by DOGE for elimination because it appeared they were inefficient or unproductive. The plaintiffs alleged that since DOGE targeted unproductive employees and offices, inaccurate personnel files gave them a higher chance of being terminated. The plaintiffs claimed that these errors were the result of poor record-keeping, the failure of computer systems to communicate between agencies effectively, and the willingness by HHS leaders to make mistakes on the front end that would then be rectified by reinstatement.
The complaint alleged that each of the plaintiffs was fired in the reduction in force (RIF) that took place on April 1, and that each of the plaintiffs' personnel files was inaccurate to some extent. The plaintiffs asked the court to certify the following class: "All individuals who were employed by the U.S. Department of Health and Human Services in a non-probationary status on March 31, 2025, were sent a Notice of Reduction in Force or Notice of Intent to Conduct a Reduction in Force on April 1, 2025, and whose Notice of Reduction in Force was inconsistent with official personnel records." The plaintiffs claimed that their experience was typical of the class, which is so numerous that joinder would be impractical.
The plaintiffs claimed that the defendants' actions violated the Privacy Act by failing to keep accurate employee records and asked the court to issue declaratory relief finding that the defendants violated the Privacy Act and awarding the plaintiffs actual damages not less than $1,000 per person, along with court costs.
The case was assigned to District Judge Beryl A. Howell. On July 10, given the defendants' intention to file a motion to dismiss, Judge Howell extended the defendants' deadline to respond to the complaint until September 9 and stayed the deadline for the plaintiffs to file for class certification.
This case is ongoing.
Summary Authors
Jeremiah Price (6/13/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70446646/parties/jackson-v-kennedy/
Howell, Beryl Alaine (District of Columbia)
Bailey, Clayton Louis (District of Columbia)
Samuels, Jessica Merry (District of Columbia)
Resar, Alexander William (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/70446646/jackson-v-kennedy/
Last updated Aug. 21, 2025, 2:59 p.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)
Key Dates
Filing Date: June 3, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Seven employees fired from HHS seeking a class action on behalf of all similarly situated employees.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Department of Health and Human Services (- United States (national) -), Federal
Office of Management and Budget (- United States (national) -), Federal
U.S. Doge Services (- United States (national) -), Federal
U.S. Office of Personnel Management (- United States (national) -), Federal
Administration for Children and Families (- United States (national) -), Federal
U.S. Food and Drug Administration (- United States (national) -), Federal
Centers for Disease Control and Prevention (- United States (national) -), Federal
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Presidential/Gubernatorial Authority: