DR. LESLY POMPY, MD vs MARC MOORE, LT., MANTIS; FORMER DEA INVESTIGATOR BRIAN BISHOP, BLUE CROSS BLUE SHIELD OF MICHIGAN, GRANTED CERT., SUPREME COURT OF THE UNITED STATES; QUALIFIED IMMUNITY, CASE NO:25-826 (PHASE-1)

REPORTED IN

January 15, 2026

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NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, IN THE SPIRIT OF WALTER R. CLEMENT MS., MBA., BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., IN THE SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF WILLIE GUINYARD BS., IN THE SPIRIT OF ERLIN CLEMENT SR.,  JOSEPH WEBSTER MD., MBA, IN THE SPIRIT OF RICHARD KAUL, MD., BEVERLY C. PRINCE MD., FACS., IN THE SPIRIT OF LEROY BAYLOR,   JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, IN THE SPIRIT OF WALTER F. WRENN III, MD.,  ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NDJOU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS

legal arguments address the alleged misuse of federal funds during medical investigations

Legal arguments regarding the alleged misuse of federal funds in medical investigations primarily focus on the waiver of immunity, violations of express grant conditions under Spending Clause jurisprudence, and the characterization of fund misuse as predicate acts for racketeering.

Waiver of Qualified Immunity

A central argument is that state and private actors who receive federal funds—such as those from Medicare, Medicaid, the Bureau of Justice Assistance (BJA) grants, and the Equitable Sharing Program—waive or forfeit their qualified immunity when their conduct violates the express civil-rights conditions attached to those funds.

• Forfeiture of Immunity: The sources argue that recipients of federal funds forfeit immunity for civil rights violations under statutes like 42 U.S.C. § 1983, 31 U.S.C. § 5316 (Equitable Sharing Act), and 34 U.S.C. § 10151 (BJA grant conditions).

• Superseding Immunity: It is specifically argued that 42 U.S.C. § 1983 should supersede qualified immunity for state actors who accept federal funds, subjecting them to liability for Fourth Amendment violations.

Spending Clause and Grant Conditions

Drawing on Spending Clause jurisprudence (specifically Pennhurst State Sch. & Hosp. v. Halderman), the sources argue that recipients of federal funds must comply with the conditions tied to those funds.

• Unconstitutional Conduct: Public-private task forces are alleged to have engaged in “regulatory weaponization” by using federal funds to conduct unconstitutional searches and raids, which violates DOJ guidelines and nondiscrimination regulations (28 C.F.R. Part 42).

• Executive Order 14119: Arguments suggest that Executive Order 14119 (concerning the “weaponization” of federally subsidized enforcement) bears on the legality of operations that use federal money to target individuals.

Racketeer Influenced and Corrupt Organizations (RICO) Claims

The alleged misuse of federal funds is framed as part of a conspiracy to destroy a business.

• Predicate Acts: The “misuse of federal funds (Medicare/Medicaid, Equitable Sharing Program)” is cited as a basis for RICO claims against private corporations and state officials.

• Fraudulent Justifications: It is argued that entities like Blue Cross Blue Shield of Michigan (BCBSM) fabricated billing violations to justify asset seizures, which constitutes a “fabrication of billing ‘violations'” to facilitate fraud against the government and the physician.

Program-Specific Legal Arguments

• Equitable Sharing Program: Legal challenges question whether seizures executed through this regime comport with due process and “excessiveness limits” when private entities (like insurance companies) benefit from the seizure program without timely post-deprivation hearings.

• BJA Grants: It is alleged that BJA grants were misused to fund raids and unconstitutional searches, violating the Civil Rights Act of 1964 (Title VI) and specific grant conditions that prohibit the use of funds for such purposes.

• Medicare/Medicaid Fraud: The sources contend that the fabrication of billing violations to justify seizures violates the Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and the False Claims Act (31 U.S.C. § 3729)

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