Case: Driscoll, Jr. v. Patel

1:25-cv-03109 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 10, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 16, 2025, three former FBI executives, including the former Acting Deputy Director, filed suit in the U.S. District Court for the District of Columbia. The plaintiffs alleged that FBI Director Kashyap P. Patel terminated them as part of an effort to remove FBI leaders viewed as insufficiently aligned with the administration. Each received one-page letters citing only “Article II” authority and ordering immediate removal from federal service. The complaint asserted violations of the…

On September 16, 2025, three former FBI executives, including the former Acting Deputy Director, filed suit in the U.S. District Court for the District of Columbia. The plaintiffs alleged that FBI Director Kashyap P. Patel terminated them as part of an effort to remove FBI leaders viewed as insufficiently aligned with the administration. Each received one-page letters citing only “Article II” authority and ordering immediate removal from federal service. The complaint asserted violations of the First Amendment and the Fifth Amendment, as well as claims that the firings were a legal nullity and ultra vires under 5 U.S.C. §§ 3151 and 7543, which require cause and procedural protections for FBI Senior Executive Service members. The plaintiffs sought declaratory relief under 28 U.S.C. §§ 2201–2202 and a writ of mandamus under 28 U.S.C. § 1361 ordering their reinstatement and prohibiting future removals absent lawful procedure. The case is before Judge Jia M. Cobb.

This case is ongoing.

Summary Authors

Michael Vandergriff (10/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71309059/parties/driscoll-jr-v-patel/


Attorney for Plaintiff

Burakiewicz, Heidi Rhodes (District of Columbia)

Donovan, Margaret (District of Columbia)

Lowell, Abbe David (District of Columbia)

Mattei, Christopher (District of Columbia)

Expert/Monitor/Master/Other

DONOVAN, SARAH JULY (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-03109

Complaint

Driscoll, Jr. et al. v. Patel et al.

Sept. 10, 2025

Sept. 10, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71309059/driscoll-jr-v-patel/

Last updated Jan. 8, 2026, 1:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11947432) filed by BRIAN J. DRISCOLL, JR.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Kashyap P. Patel, # 3 Summons to FBI, # 4 Summons to Pamela J. Bondi, # 5 Summons to DOJ, # 6 Summons to Exec. Office of the President, # 7 Summons to USAO for DC, # 8 Summons to Attorney General of the U.S.)(Lowell, Abbe) (Entered: 09/10/2025)

1 Civil Cover Sheet

View on PACER

2 Summons to Kashyap P. Patel

View on PACER

3 Summons to FBI

View on PACER

4 Summons to Pamela J. Bondi

View on PACER

5 Summons to DOJ

View on PACER

6 Summons to Exec. Office of the President

View on RECAP

7 Summons to USAO for DC

View on PACER

8 Summons to Attorney General of the U.S.

View on PACER

Sept. 10, 2025

Sept. 10, 2025

Clearinghouse
2

SEALED DOCUMENT filed by BRIAN J. DRISCOLL, JR. re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Lowell, Abbe) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

3

SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

4

NOTICE of Appearance by Mark Steven Zaid on behalf of SPENCER L. EVANS (Zaid, Mark) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

5

NOTICE of Appearance by Margaret Donovan on behalf of BRIAN J. DRISCOLL, JR., STEVEN J. JENSEN (Donovan, Margaret) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

Case Assigned/Reassigned

Sept. 10, 2025

Sept. 10, 2025

Case Assigned to Judge Jia M. Cobb. (zhcn)

Sept. 10, 2025

Sept. 10, 2025

6

NOTICE of Appearance by Bradley Prescott Moss on behalf of SPENCER L. EVANS (Moss, Bradley) (Entered: 09/11/2025)

Sept. 11, 2025

Sept. 11, 2025

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/11/2025. Answer due for ALL FEDERAL DEFENDANTS by 11/10/2025. (Attachments: # 1 Exhibit Proof of Service - USAO-DC)(Donovan, Margaret) (Entered: 10/02/2025)

1 Exhibit Proof of Service - USAO-DC

View on PACER

Oct. 2, 2025

Oct. 2, 2025

RECAP
8

MOTION to Intervene as Plaintiff by SARAH JULY DONOVAN. (Attachments: # 1 Exhibits)(znmw) (Entered: 10/17/2025)

1 Exhibits

View on PACER

Oct. 14, 2025

Oct. 14, 2025

9

ORDER denying 8 Motion to Intervene: See document for details. Signed by Judge Jia M. Cobb on October 20, 2025. (lcjmc3) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

RECAP
10

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: SARAH JULY DONOVAN - Supplemental Exhibits. Reason(s): Filer is not a party to the case. Motion to Intervene denied 10/20/2025. (Attachments: # 1 Certificate of Service) (znmw) (Entered: 10/29/2025)

Oct. 24, 2025

Oct. 24, 2025

Order on Leave to File Review

Oct. 29, 2025

Oct. 29, 2025

MINUTE ORDER re 10 Request for Leave to File Review. Leave to file is denied. Signed by Judge Jia M. Cobb on October 29, 2025. (lcjmc3)

Oct. 29, 2025

Oct. 29, 2025

11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Mattei, Filing fee $ 100, receipt number ADCDC-12100834. Fee Status: Fee Paid. by BRIAN J. DRISCOLL, JR., STEVEN J. JENSEN. (Attachments: # 1 Exhibit Declaration of Christopher Mattei, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Donovan, Margaret) (Entered: 11/25/2025)

1 Exhibit Declaration of Christopher Mattei

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 25, 2025

Nov. 25, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 1, 2025

Dec. 1, 2025

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice: Attorney Christopher Mattei is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on December 1, 2025. (lcjmc3)

Dec. 1, 2025

Dec. 1, 2025

12

NOTICE of Appearance by Heidi Rhodes Burakiewicz on behalf of All Plaintiffs (Burakiewicz, Heidi) (Entered: 12/03/2025)

Dec. 3, 2025

Dec. 3, 2025

RECAP
13

NOTICE of Appearance by Christopher Mattei on behalf of BRIAN J. DRISCOLL, JR., STEVEN J. JENSEN (Mattei, Christopher) (Entered: 12/04/2025)

Dec. 4, 2025

Dec. 4, 2025

14

NOTICE of Appearance by Michael Joseph Gerardi on behalf of All Defendants (Gerardi, Michael) (Entered: 12/22/2025)

Dec. 22, 2025

Dec. 22, 2025

15

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, and to Set Briefing Schedule for Motion Pursuant to Rule 12 by PAMELA J. BONDI, SARAH JULY DONOVAN, EXECUTIVE OFFICE OF THE PRESIDENT, FEDERAL BUREAU OF INVESTIGATION, KASHYAP P. PATEL, U.S. DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 12/22/2025)

1 Text of Proposed Order

View on PACER

Dec. 22, 2025

Dec. 22, 2025

RECAP

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Dec. 22, 2025

Dec. 22, 2025

MINUTE ORDER granting 15 Motion for Extension of Time to Answer: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants shall respond to the complaint in this action by January 16, 2026, that Plaintiffs' response to the anticipated motion to dismiss is due by February 13, 2026, and that Defendants' reply is due by February 20, 2026. Signed by Judge Jia M. Cobb on December 22, 2025. (lcjmc3)

Dec. 22, 2025

Dec. 22, 2025

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 10, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Fired FBI agents seeking restoration of their jobs following termination for "insufficient loyalty" to the President.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kashyap P. Patel, Director (- United States (national) -), Federal

Pamela J. Bondi (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Merit System Principles, 5 U.S.C §§ 2301 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Other Dockets:

District of District of Columbia 1:25-cv-03109

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Habeas

Relief Granted:

Injunction / Injunctive-like Settlement

None yet

Source of Relief:

None yet

Content of Injunction:

Position Restored

Issues

Presidential/Gubernatorial Authority:

Appointment Authority

Civil Service