Case: Brown v. Trump

1:25-cv-01764 | U.S. District Court for the District of District of Columbia

Filed Date: June 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the removal of a member of the National Transportation Safety Board. The board member, Alvin Brown, filed suit on June 4, 2025, in the District Court for the District of Columbia. Mr. Brown had been appointed to the board by President Biden in 2022 and confirmed by the Senate in 2023. The members are appointed for five-year terms and are removable by the President only for "inefficiency, neglect of duty, or malfeasance in office." On May 5, 2025, Mr. Brown received a brief …

This case challenged the removal of a member of the National Transportation Safety Board. The board member, Alvin Brown, filed suit on June 4, 2025, in the District Court for the District of Columbia. Mr. Brown had been appointed to the board by President Biden in 2022 and confirmed by the Senate in 2023. The members are appointed for five-year terms and are removable by the President only for "inefficiency, neglect of duty, or malfeasance in office." On May 5, 2025, Mr. Brown received a brief email from Trent Morse, the Deputy Director of Presidential Personnel of the White House, announcing that his position on the board was terminated, effective immediately. The email stated no grounds for the termination. 

Represented by public interest counsel from the Democracy Forward Foundation and Justice Legal Strategies PLLC, the plaintiff alleged that the termination was ultra vires, in violation of the Independent Safety Act of 1974, which lays out the conditions on which a board member may be removed by the President. The plaintiff asked the court to declare his removal unlawful, to enjoin the board from blocking his access to the office or from treating him as removed, and to issue a writ of mandamus directing the board to provide him with any needed access to government facilities and equipment. The case was assigned to District Judge Dabney L. Friedrich.

On August 8, the plaintiff moved for summary judgement. Following the motion, the court ordered the defendant file a cross-motion for summary judgement in lieu of a reply.

The case is ongoing. 

Summary Authors

Jeremiah Price (6/12/2025)

Jinan Abufarha (9/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70456247/parties/brown-v-trump/


Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorney for Plaintiff

Goldstein, Elena (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Liao, Cynthia (District of Columbia)

Attorney for Defendant

Newman, Jeremy Samuel (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01764

Complaint for Declaratory and Injunctive Relief

June 4, 2025

June 4, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70456247/brown-v-trump/

Last updated Jan. 16, 2026, 1:31 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP ( Filing fee $ 405 receipt number ADCDC-11735611) filed by ALVIN BROWN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Nugent, Victoria) (Entered: 06/04/2025)

1 Civil Cover Sheet

View on PACER

2 Summons

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3 Summons

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4 Summons

View on PACER

5 Summons

View on PACER

6 Summons

View on PACER

June 4, 2025

June 4, 2025

Clearinghouse
2

NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

3

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

Case Assigned/Reassigned

June 5, 2025

June 5, 2025

Case Assigned to Judge Dabney L. Friedrich. (zmtm)

June 5, 2025

June 5, 2025

4

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on June 10, 2025. (lcdlf2) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

RECAP
5

NOTICE of Appearance by Victoria S. Nugent on behalf of ALVIN BROWN (Nugent, Victoria) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cynthia Liao, Filing fee $ 100, receipt number ADCDC-11752634. Fee Status: Fee Paid. by ALVIN BROWN. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Nugent, Victoria) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

Order on Motion for Leave to Appear Pro Hac Vice

June 12, 2025

June 12, 2025

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 12, 2025. (lcdlf2)

June 12, 2025

June 12, 2025

7

NOTICE of Appearance by Cynthia Liao on behalf of ALVIN BROWN (Liao, Cynthia) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

8

NOTICE of Appearance by Elena Goldstein on behalf of ALVIN BROWN (Goldstein, Elena) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JENNIFER HOMENDY served on 6/10/2025 (Liao, Cynthia) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL TRANSPORTATION SAFETY BOARD served on 6/10/2025 (Liao, Cynthia) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 6/10/2025 (Liao, Cynthia) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/2025. (Liao, Cynthia) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2025. (Liao, Cynthia) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

14

Joint MOTION for Briefing Schedule by ALVIN BROWN. (Attachments: # 1 Text of Proposed Order)(Liao, Cynthia) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

15

CERTIFICATE OF SERVICE by ALVIN BROWN re 14 Joint MOTION for Briefing Schedule . (Liao, Cynthia) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

16

NOTICE of Appearance by Jeremy Samuel Bloch Newman on behalf of All Defendants (Newman, Jeremy) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

July 26, 2025

July 26, 2025

MINUTE ORDER. Upon consideration of the parties' joint 14 Motion for a Briefing Schedule, the plaintiff shall file his motion for summary judgment on or before August 8, 2025; the defendants shall file their opposition and cross-motion for summary judgment on or before September 5, 2025; the plaintiff shall file his opposition and reply on or before September 26, 2025; and the defendants shall file their reply on or before October 17, 2025. So Ordered by Judge Dabney L. Friedrich on July 26, 2025. (lcdlf2)

July 26, 2025

July 26, 2025

17

MOTION for Summary Judgment by ALVIN BROWN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Alvin Brown, # 4 Text of Proposed Order)(Liao, Cynthia) (Entered: 08/08/2025)

1 Memorandum in Support

View on PACER

2 Statement of Undisputed Material Facts

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3 Declaration of Alvin Brown

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4 Text of Proposed Order

View on PACER

Aug. 8, 2025

Aug. 8, 2025

18

Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment and Defendants' Cross-Motion for Summary Judgment by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Newman, Jeremy) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

Order on Motion for Extension of Time to File Response/Reply

Sept. 2, 2025

Sept. 2, 2025

MINUTE ORDER. Upon consideration of the defendants' 18 Unopposed Motion for Extension of Time, it is ORDERED that the following schedule will govern further proceedings: the defendants shall file a cross-motion for summary judgment and opposition to the plaintiff's motion for summary judgment on or before September 19, 2025; the plaintiff shall file an opposition to the cross-motion and reply to the opposition on or before October 10, 2025; and the defendants shall file a reply to the plaintiff's opposition on or before October 31, 2025. So Ordered by Judge Dabney L. Friedrich on September 2, 2025. (lcdlf2)

Sept. 2, 2025

Sept. 2, 2025

Set/Reset Deadlines: Cross Motion and Opposition to Plaintiff's Motion due by 9/19/2025. Opposition to Cross Motion and Plaintiff's Reply due by 10/10/2025. Reply to Cross Motion due by 10/31/2025. (smc)

Sept. 3, 2025

Sept. 3, 2025

Set/Reset Deadlines

Sept. 3, 2025

Sept. 3, 2025

19

Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts)(Newman, Jeremy) (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

20

RESPONSE re 17 MOTION for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment filed by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Statement of Facts)(Newman, Jeremy) (Entered: 09/19/2025)

Sept. 19, 2025

Sept. 19, 2025

21

Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment and Defendants' Cross-Motion for Summary Judgment by ALVIN BROWN. (Attachments: # 1 Text of Proposed Order)(Liao, Cynthia) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

Oct. 2, 2025

Oct. 2, 2025

MINUTE ORDER granting the plaintiff's 21 Unopposed Motion for Extension of Time. The plaintiff shall file his reply in support of his motion for summary judgment on or before October 20, 2025, and his opposition to the defendants' cross-motion for summary judgment on or before November 10, 2025. So Ordered by Judge Dabney L. Friedrich on October 2, 2025. (lcdlf2)

Oct. 2, 2025

Oct. 2, 2025

22

REPLY to opposition to motion re 17 Motion for Summary Judgment filed by ALVIN BROWN. (Liao, Cynthia) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

23

RESPONSE re 19 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by ALVIN BROWN. (Liao, Cynthia) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

24

NOTICE of Appearance by Catherine Carroll on behalf of ALVIN BROWN (Carroll, Catherine) (Entered: 12/02/2025)

Dec. 2, 2025

Dec. 2, 2025

25

AMENDED COMPLAINT against JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP filed by ALVIN BROWN. (Attachments: # 1 Redline Copy)(Carroll, Catherine) (Entered: 12/04/2025)

1 Redline Copy

View on PACER

Dec. 4, 2025

Dec. 4, 2025

26

MOTION to Stay by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Newman, Jeremy) (Entered: 12/05/2025)

Dec. 5, 2025

Dec. 5, 2025

MINUTE ORDER. Upon consideration of the defendants' 26 Motion to Stay, the defendants' time to respond to the plaintiff's 25 First Amended Complaint is hereby EXTENDED until 14 days after the Court resolves the 26 motion. It is further ORDERED that the plaintiff shall, on or before December 22, 2025, file a response to the defendants' 26 Motion to Stay that addresses, among other things, (1) whether the Court should stay proceedings on Count One (ultra vires removal), Count Two (Due Process and Equal Protection), both, or neither; and (2) whether Harris v. Bessent, No. 25-5037, 2025 WL 3496737 (D.C. Cir. Dec. 5, 2025), obviates the need to stay proceedings pending the Supreme Court's decision in Trump v. Slaughter, --- S. Ct. ---, 25 WL 2692050 (Sept. 22, 2025) (granting certiorari). So Ordered by Judge Dabney L. Friedrich on December 14, 2025. (lcdlf2)

Dec. 14, 2025

Dec. 14, 2025

.Order AND ~Util - Set/Reset Deadlines

Dec. 14, 2025

Dec. 14, 2025

27

Memorandum in opposition to re 26 MOTION to Stay filed by ALVIN BROWN. (Carroll, Catherine) (Entered: 12/22/2025)

Dec. 22, 2025

Dec. 22, 2025

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND Order on Motion to Stay AND Set/Reset Deadlines

Dec. 29, 2025

Dec. 29, 2025

MINUTE ORDER granting in part and denying in part the defendants' 26 Motion to Stay. The Court agrees with the defendants and the plaintiff that the Supreme Court's decision in Trump v. Slaughter, --- S. Ct. ---, 2025 WL 2692050 (Sept. 22, 2025) (granting certiorari), is likely to impact the plaintiff's Count One claim for ultra vires removal. Accordingly, proceedings on Count One are STAYED. But, in the interest of judicial efficiency and to preserve any relief to which the plaintiff may be entitled before the end of his statutory term, the Court will proceed with the defendants' forthcoming motion to dismiss Count Two (Fifth Amendment) before the Supreme Court resolves Slaughter. The parties are hereby ORDERED to, on or before January 7, 2026, file a proposed briefing schedule for the defendants' motion to dismiss Count Two.It is further ORDERED that the plaintiff's 17 Motion for Summary Judgment and the defendants' 19 Cross-Motion for Summary Judgment are DISMISSED AS MOOT in light of the plaintiff's 25 Amended Complaint. So Ordered by Judge Dabney L. Friedrich on December 29, 2025. (lcdlf2)

Dec. 29, 2025

Dec. 29, 2025

28

PROPOSED BRIEFING SCHEDULE re Order on Motion for Summary Judgment,,,,,,,,,, Order on Motion to Stay,,,,, Set/Reset Deadlines,,,, by ALVIN BROWN. (Carroll, Catherine) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

.Order AND ~Util - Set/Reset Deadlines

Jan. 7, 2026

Jan. 7, 2026

MINUTE ORDER adopting the parties' 28 Joint Proposed Briefing Schedule for Motion to Dismiss Count II of the Amended Complaint. Accordingly, it is ORDERED that the defendants shall file their motion to dismiss on or before January 28, 2026; the plaintiff shall file his opposition on or before February 18, 2026; and the defendants shall file their reply on or before March 4, 2026. So Ordered by Judge Dabney L. Friedrich on January 7, 2026. (lcdlf2)

Jan. 7, 2026

Jan. 7, 2026

29

Notice of Appearance

Jan. 9, 2026

Jan. 9, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A former member of the National Transportation Safety Board.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Trump (- United States (national) -), Federal

National Transportation Safety Board (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Mandamus, 28 U.S.C. § 1361

Other Dockets:

District of District of Columbia 1:25-cv-01764

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Appointment Authority