Case: Primus v. Trump

1:25-cv-03521 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged President Trump’s removal of a member of the Surface Transportation Board (STB). On August 27, 2025, President Trump removed plaintiff, Robert E. Primus, from his position as a member of the STB. Plaintiff had served on the Board since being appointed during President Trump’s first term in January 2021. His current five-year term was not set to expire until December 31, 2027. Under the Surface Transportation Board Reauthorization Act of 2015, STB is a “multimember, bipartis…

This case challenged President Trump’s removal of a member of the Surface Transportation Board (STB).

On August 27, 2025, President Trump removed plaintiff, Robert E. Primus, from his position as a member of the STB. Plaintiff had served on the Board since being appointed during President Trump’s first term in January 2021. His current five-year term was not set to expire until December 31, 2027. Under the Surface Transportation Board Reauthorization Act of 2015, STB is a “multimember, bipartisan board of experts, appointed by the President and confirmed with the advice and consent of the Senate”. Members serve a fixed term and are subject to removal only for “inefficient, neglect of duty, or malfeasance in office.”

On October 1, 2025, Plaintiff, represented by attorneys from non-profit Democracy Forward Foundation and private counsel at Justice Legal Strategies PLLC, sued President Trump, the Chairman of the STB, and the STB itself over the President’s decision to remove him from his position as a member of the STB. In a letter from the Presidential Personnel Office, Plaintiff was informed of his termination with no further explanation given. Based on this, Plaintiff alleged that the President had removed him absent a showing of inefficiency, neglect of duty, or malfeasance in office. Plaintiff claimed that this violated the 2015 Act (49 U.S.C. § 1301(b)(3)). Plaintiff sought declaratory and injunctive relief.

On October 2, the case was assigned to Judge Dabney L. Friedrich of the D.C. District Court. Judge Friedrich also issued a minute order directing Plaintiff to file a motion for a Temporary Restraining Order or Preliminary Injunction by October 9 if Plaintiff intended to seek one. As of October 24, nothing has been filed.

This case remains ongoing. 

Summary Authors

Claire Pollard (10/2/2025)

Madeline Kaplan (10/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71516044/parties/primus-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)

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Documents in the Clearinghouse

Document
1

1:25-cv-03521

Complaint for Declaratory and Injunctive Relief

Primus v. Trump et al.

Oct. 1, 2025

Oct. 1, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71516044/primus-v-trump/

Last updated Nov. 29, 2025, 12:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Patrick J. Fuchs, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP ( Filing fee $ 405 receipt number ADCDC-11997372) filed by Robert E Primus. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Liao, Cynthia) (Entered: 10/01/2025)

1 Civil Cover Sheet

View on PACER

2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

View on PACER

Oct. 1, 2025

Oct. 1, 2025

Clearinghouse
2

NOTICE of Appearance by Cynthia Liao on behalf of Robert E Primus (Liao, Cynthia) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

3

NOTICE of Appearance by Elena Goldstein on behalf of Robert E Primus (Goldstein, Elena) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

4

NOTICE of Appearance by Jon M. Greenbaum on behalf of Robert E Primus (Greenbaum, Jon) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

5

SUMMONS (5) Issued Electronically as to PATRICK J. FUCHS, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

6

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on October 2, 2025. (lcdlf1) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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

Oct. 2, 2025

Oct. 2, 2025

Case Assigned/Reassigned

Oct. 2, 2025

Oct. 2, 2025

.Order AND ~Util - Set/Reset Deadlines

Oct. 2, 2025

Oct. 2, 2025

MINUTE ORDER. Before the Court is the plaintiff's 1 Complaint seeking declarative and injunctive relief based on his removal from the Surface Transportation Board on August 27, 2025. Among other things, he seeks (1) a declaration that his removal was unlawful and (2) injunctive relief ordering the defendants to refrain from treating him as removed and to grant him access to Board facilities and equipment so that he may carry out his duties for the remainder of his term. Dkt. 1 at 11. To the extent that the plaintiff intends to seek any emergency relief--either a Temporary Restraining Order or a Preliminary Injunction--it is ORDERED that he shall file his motion on or before October 9, 2025. So Ordered by Judge Dabney L. Friedrich on October 2, 2025. (lcdlf1)

Oct. 2, 2025

Oct. 2, 2025

7

Summons Returned Executed as to Federal Defendant

Oct. 28, 2025

Oct. 28, 2025

8

Summons Returned Executed as to Federal Defendant

Oct. 28, 2025

Oct. 28, 2025

9

Summons Returned Executed as to Federal Defendant

Oct. 28, 2025

Oct. 28, 2025

10

Summons Returned Executed as to U.S. Attorney General

Oct. 28, 2025

Oct. 28, 2025

11

Summons Returned Executed as to US Attorney

Oct. 28, 2025

Oct. 28, 2025

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: Oct. 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Member of the Surface Transportation Board who was removed by President Trump.

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

Donald J. Trump in his official capacity as President of the United States, Federal

Patrick J. Fuchs in his official capacity as Chairman of the Surface Transportation Board, Federal

Surface Transportation Board, Federal

Case Details

Other Dockets:

District of District of Columbia 1:25-cv-03521

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