Doe v. Dept. of Justice, (2009)

Extract

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Doe v. Dept. of Justice, (2009)

United States Court of Appeals for the Federal Circuit

JOHN DOE,

Petitioner,

v. DEPARTMENT OF JUSTICE,

Respondent.

Richard L. Swick, Swick & Shapiro, P.C., of Washington, DC, argued for petitioner.

Sean B. McNamara, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Appealed from: Merit Systems Protection Board

United States Court of Appeals for the Federal Circuit 2008-3139

JOHN DOE,

v.

DEPARTMENT OF JUSTICE,

Respondent.

Petition for review of the Merit Systems Protection Board in CH0752040620-B-1.

DECIDED: May 11, 2009

Before BRYSON, DYK, Circuit Judges, and PATEL, District Judge.*

Opinion for the court filed by District Judge PATEL. Dissenting opinion filed by Circuit Judge BRYSON.

PATEL, District Judge.

Petitioner John Doe appeals the final decision of the Merit Systems Protection Board ("MSPB" or "Board"). Doe v. Dep't of Justice, CH-0752-04-0620-B-1 (M.S.P.B. Dec. 4, 2007). Doe was removed from his position as a Special Agent by the Federal Bureau of Investigation ("FBI" or "agency") based on a charge of "unprofessional conduct." Following a dismissal of Doe's internal agency appeal, Doe sought review before the Board. Two Initial Decisions by an MSPB Administrative Judge ("AJ") and * The Honorable Marilyn Hall Patel, District Judge, United States District Court for the Northern District of California, sitting by designation.

Petitioner,

petitions for review by the FBI followed, and the Board twice sustained Doe's removal. Before this court, Doe contends ...

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