Legal Opinion

Powell v. Department of Defense

Court of Appeals for the D.C. Circuit

Decided November 3, 1998No. 97-5326PublishedCited by 30 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Lawana Powell had been a longtime federal employee when, in 1995, she was — according to her lights — constructively terminated from her job as a personnel security specialist in the Department of Defense. In response to some unexplained absences — a source of suspicion in a security-conscious agency like the Defense Department — Powell was given the choice of accepting reassignment to a non-sensitive temporary position or submitting to immediate termination. She chose the former. Powell’s temporary position expired…

2Cases cited4 opinions

  1. Krim M. Ballentine v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1984
  2. Sloan v. WestCourt of Appeals for the Ninth Circuit · 1998
  3. Wall v. United StatesCourt of Appeals for the Tenth Circuit · 1989
  4. A. Eugene RAMEY, Appellant, v. Charles A. BOWSHER, Comptroller General of the United States, AppelleeCourt of Appeals for the D.C. Circuit · 1994

3Cited by30 opinions

  1. Perry v. Merit Systems Protection Bd.Supreme Court of the United States · 2017
  2. Darlene BUTLER, Appellant, v. Togo D. WEST, Jr., Secretary, Department of the Army, AppelleeCourt of Appeals for the D.C. Circuit · 1999
  3. Conforto v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2013
  4. Dews-Miller v. ClintonDistrict Court, District of Columbia · 2010
  5. Taylor v. MabusDistrict Court, District of Columbia · 2010

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