Leary v. NAVY, Secretary
Court of Appeals for the First Circuit
1Opinion of the Court
BOWNES, Senior Circuit Judge.
Plaintiff-appellant Arthur J. Leary, a civilian employee of the Portsmouth Naval Shipyard (“Shipyard”) and the United States Navy, was removed from government service for “excessive unauthorized absence” after he was denied requested leave for the time that he spent in jail following his arrest for driving while intoxicated. After exhausting administrative remedies, Leary filed suit in the United States District Court for the District of Maine against defendant-appellee John H. Dalton, Secretary of the Navy. Leary’s complaint alleged that he is an alcoholic and,…
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