Flock v. U.S. DOT not among petitions Supreme Court will review

By Sandi Soendker, Land Line editor-in-chief | 6/19/2017

OOIDA, along with the six members who requested the U.S. Supreme Court review a lower court ruling – Flock v. U.S. DOT – learned Monday their petition was not among those accepted by the high court for review during the October term. The petition was distributed to the justices of the Supreme Court for conference on Thursday, June 15, 2017, along with a number of other strong cases.

Of the long list considered on Thursday, the court agreed to hear only one – a partisan gerrymandering case.

The OOIDA members’ petition formally requested that the high court review a critical ruling regarding the pre-employment screening program, or PSP, and a driver’s privacy. This petition (for Writ of Certiorari) was filed in March with the U.S. Supreme Court by OOIDA’s litigation counsel, the Cullen Law Firm.

The case involves whether the DOT’s Federal Motor Carrier Safety Administration is acting legally in giving too much information on a driver to a potential employer. It was first filed in July 2014 in the U.S. District Court of Massachusetts and argued that the potential disclosure to employers of “non-serious” driver-related safety records kept in the agency’s database was in violation of the Privacy Act.

The original ruling was handed down Oct. 21, 2016, in favor of the FMCSA. A rehearing was denied Dec. 16, 2016, by the U.S. Court of Appeals for the First Circuit.

The plaintiffs are OOIDA Members Thomas O. Flock, Dennis Thompson, Thomas Gooden, Douglas Heisler, Walter Johnson and Gayla Kyle.

Related article:
Flock v. DOT: Six OOIDA members ask Supreme Court to review case

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