Newton v. UTAH NATIONAL GUARD

MEMORANDUM DECISION AND ORDER

CLARK WADDOUPS, District Judge.

INTRODUCTION

Plaintiff Robert Newton (“Newton”) was an air traffic controller for the Utah Air National Guard (the “Guard”). He started his employment as a military member, but later ceased being a military member and became solely a civilian employee of the Guard. In November 2003, Newton’s direct supervisor, Major John R. Teter (“Major Teter”) verbally suspended Newton’s Air Traffic Control Specialist certificate (“ATCS certificate”) because Newton purportedly posed a hazard to flying safety. Subsequently, however, the National…