Saggau v. Young, 13161.
| Decision Date | 27 December 1956 |
| Docket Number | No. 13161.,13161. |
| Parties | Henry A. C. SAGGAU, Appellant, v. Philip YOUNG, et al., Commissioners of Civil Service, and Arthur E. Summerfield, Postmaster General, Appellees. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Joseph Robbie, Jr., Minneapolis, Minn., of the bar of the Supreme Court of Minnesota, pro hac vice, by special leave of court, for appellant. Mr. Max M. Kampelman, Washington, D. C., was on the brief for appellant. Mr. Arthur Lazarus, Jr., Washington, D. C., also entered an appearance for appellant.
Mr. Milton Eisenberg, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, and Robert L. Toomey, Asst. U. S. Attys., at the time brief was filed, were on the brief, for appellees. Mr. Leo A. Rover, U. S. Atty., at the time record was filed, also entered an appearance for appellees.
Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.
Appellant, Saggau, brought a civil action in the United States District Court for the District of Columbia asking that the court declare invalid the proposed removal of appellant from his office as postmaster at Ceylon, Minnesota, and that the charges against him be dismissed and expunged from his employment record.
It appears that letters of charges were filed against him by the Post Office Department, to which he duly replied; and, after consideration by the Department of the evidence submitted, including appellant's reply, he was ordered removed from his position. He thereupon appealed to the Ninth Regional Office of the Civil Service Commission, which, after hearing, affirmed the action of the agency; and he appealed, in turn, to the Civil Service Commission, which affirmed the action of the Regional Office.
This civil action was then instituted and, on motion, summary judgment was entered for appellees.1
This case clearly falls within that line of cases in which this court has held many times that it will not review the action of executive officials in dismissing executive employees, except to insure compliance with statutory requirements.2 As in Boylan v. Quarles, 1956, 98 U.S.App.D.C. 337, 235 F.2d 834, 835 there was here "no substantial departure from applicable procedures, no misconstruction of governing legislation, nor any like error going to the heart of the administrative determination. * * *"
Appellant alleges further that the charges were "picayunish" and inspired by political considerations; and that, his removal having been for political reasons, it was prohibited by Civil Service regulations. Even assuming arguendo3 that there was any reliable...
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Dabney v. Freeman, 19207.
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