Suzanne Fligiel, M.D. v. Michael K. Samson, M.D., Anthony J. Principi, in His Capacity as Secretary, Department of Veterans Affairs

AMENDED OPINION

McKEAGUE, Circuit Judge.

This is an appeal of the district court’s refusal to set aside its grant of summary judgment to the Veterans Administration (VA) in a suit brought by a physician who was transferred to a VA facility without notice and an opportunity to respond, as required by statute and Veterans Administration agency regulations. The district court found that Dr. Suzanne Fligiel’s transfer was a “major adverse action,” entitling her to procedural protections, including advance notice and an opportunity to respond. However, the- court held that the denial of procedural…