Fass v. Ruegg, 3019.
Decision Date | 25 May 1965 |
Docket Number | No. 3019.,3019. |
Citation | 244 F. Supp. 382 |
Parties | Martin FASS, Plaintiff, v. R. G. RUEGG et al., Defendants. |
Court | U.S. District Court — Southern District of Ohio |
Kusworm & Myers, Dayton, Ohio, for plaintiff.
Joseph P. Kinneary, U. S. Atty., Roger J. Makley, Asst. U. S. Atty., for defendant.
This matter is before the Court upon the motion of defendants for summary judgment.
This is what is commonly referred to as an employee dismissal case. The facts, briefly summarized, are as follows: Plaintiff was employed as an Aeronautical Engineer at Wright Patterson Air Force Base. He was given a Notice of Proposed Removal, dated September 18, 1962, which stated "inefficiency" as the reason for the proposed removal. On October 2, 1962, plaintiff filed a letter of reply. Thereafter, it was determined that the charge of inefficiency had not been refuted and plaintiff received a Decision to Remove, dated October 23, 1962, with the effective date of removal being October 26, 1962. Thereafter, plaintiff appealed to the United States Department of Air Force and a Grievance Committee was convened. That Committee, by letter dated May 1, 1963, advised plaintiff that his removal had been sustained; plaintiff also received a copy of the Grievance Committee's Findings of Fact. Plaintiff then appealed to the Chicago Regional Office of the United States Civil Service Commission. A Commission Representative conducted a hearing at Dayton, Ohio on June 26, 1963, after which the Chicago Regional Office, by letter dated October 1, 1963, approved the removal. Plaintiff then appealed to the Board of Appeal and Review of the United States Civil Service Commission, Washington, D. C. That Board, by letter dated January 23, 1964, sustained the decision of the Chicago Regional Office and denied plaintiff's appeal. On May 26, 1964, plaintiff filed this suit alleging that at the time of the original hearing, and subsequent to that hearing, there were certain errors which prejudiced him so that he did not receive a fair and impartial hearing. In his complaint he lists these alleged errors.
One of the most frequently cited decisions in employee dismissal cases is Keim v. United States, 177 U.S. 290, 20 S.Ct. 574, 44 L.Ed. 774 (1900). In that case, the Supreme Court held that the removal of executive department employees was within the ambit of executive discretion and that until Congress makes provisions to the contrary, the courts could not review the soundness or propriety of the exercise of the department head's discretion. The Court stated, at pages 293-294, 20 S.Ct. at page 575:
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...D.C., 236 F.Supp. 955; Chiriaco v. United States, 5 Cir., 339 F.2d 588; Sudduth v. Macy, 119 U.S.App.D.C. 280, 341 F.2d 413; Fass v. Ruegg, D.C., 244 F.Supp. 382; Brown v. Zuckert, 7 Cir., 349 F.2d 461, cert. denied, 382 U.S. 998, 86 S.Ct. 588, 15 L.Ed.2d 486; Bennett v. United States, 356 ......
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...action is limited. Powell v. Brannan, 91 U.S.App. D.C. 16, 196 F.2d 871 (D.C. Cir. 1952). See also this Court's decision in Fass v. Ruegg, 244 F.Supp. 382, decided May 25, 1965. After a full review of this case, the Court concludes that the reductions were accomplished in accordance with th......