Seaman’s Suit to Recover Merchant Mariner Document Dismissed for Lack of Jurisdiction

Mullen v. Noem, No. CV 25-404, 2025 WL 2779256 (E.D. La. Sept. 30, 2025).

By Arthur A. Crais, Adjunct Professor of Law

Captain Edward Mullen[1] obtained his Merchant Mariner Credential (MMC) in 2014 and renewed it on August 18, 2022. The license is valid until 2027.[2] He applied for a raise of grade for his MMC in 2023. The Coast Guard denied the application due to a conviction for forcible rape, a sexual offense under the applicable state law.[3]

The Coast Guard then began Suspension and Revocation (S&R) proceedings to revoke his license. The district judge stayed those proceedings pending the outcome of this suit.[4]

Pursuant to 46 U.S.C. § 7511(a)(2), enacted in 2022, a Merchant Mariner document “shall be denied to an individual who has been convicted of a sexual offense prohibited under. . . a substantially similar offense under State, local, or Tribal law.”[5] If, within 10 years of the beginning of the S&R proceedings, it is proven that the holder of the document was “the subject of an official finding of sexual assault,” then the license, registry, or MMC “shall be revoked.”[6]

The decision of the Commandant to affirm suspension or revocation is appealable to the National Transportation Safety Board at the Department of Transportation (NTSB).[7] Any decision of the NTSB is appealable to the applicable U.S. Court of Appeals, in this case, the Fifth Circuit.[8]

Mullen sought a preliminary injunction, asserting that the proceedings violate his Constitutional rights and the Administrative Procedure Act.[9] The U.S. moved to dismiss for lack of subject matter jurisdiction pursuant to a FRCP Rule 12(b)(1).[10]

Judge Guidry granted the motion to dismiss. Under the statute and regulations, Mullen can appeal a decision of the Commandant first to the NTSB and then to the U.S. Court of Appeals.[11] He explained that a district court may review “structural constitutional challenge[s].”[12] In this case, Mullen’s challenges are substantive. Any decision of the NTSB can be appealed to the U.S. Court of Appeals. In addition, his constitutional challenges may be raised at the administrative level.[13]

The Motion to Dismiss the Complaint and Amended Complaint was granted with prejudice.[14]

A copy of the opinion is attached.

[1] Mullen is a pro se litigant without counsel. Mullen, 2025 WL 2779256 at *2.

[2] Id. at *1.

[3] Id.

[4] Id.

[5] Id. (citing 46 U.S.C.A. § 7511(a)(2)).

[6] Mullen, 2025 WL 2779256 at *2 (citing § 7704(b); § 7704(a)).

[7] Id. (citing 49 U.S.C. § 1133(3); 49 C.F.R. § 825.5).

[8] Id. (citing 49 U.S.C. § 1153(a)).

[9] Id.

[10] Id.

[11] Mullen, 2025 WL 2779256 at *3.

[12] Id. at *2 (Structural challenges are those which question the legitimacy of the agency.).

[13] Id.

[14] Id. at *3.