Legal Opinion

Theodore Stephens v. Merit Systems Protection Board, and Department of Health and Human Services, Intervenor

Court of Appeals for the Federal Circuit

Decided February 19, 1993No. 92-3292PublishedCited by 6 opinions

1Opinion of the Court

MICHEL, Circuit Judge.

Theodore Stephens (petitioner), an Administrative Law Judge (AU), appeals from a decision of the Merit Systems Protection Board (Board), which dismissed his complaint for lack of subject matter jurisdiction. In re Stephens, 52 M.S.P.R. 522 (1992). The Board held that it lacked jurisdiction because Stephens failed to show that the program and course of instruction which his agency required him to attend impaired his decisional independence. Id. at 526. Because Stephens has not shown as a matter of law on undisputed facts that the agency constructively removed him by…

2Cases cited6 opinions

  1. Roland Spruill v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
  2. Neal Kenneth Maddox v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1985
  3. Bridgett L. Burgess v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1985
  4. Donald R. Manning v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1984
  5. Sheila T. Rose v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Lauretta L. Mintzmyer v. Department of the InteriorCourt of Appeals for the Federal Circuit · 1996
  2. Tunik v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2005
  3. Asmussen v. Commissioner, New Hampshire Department of SafetySupreme Court of New Hampshire · 2000
  4. Harrison v. CoffmanDistrict Court, E.D. Arkansas · 1999
  5. Lloyd L. Tunik v. M.S.P.B.Court of Appeals for the Federal Circuit · 2005

1 more not listed; retrieve them via the Exa API.

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