Legal Opinion
D.E. v. Department of the Navy, MSPB
Court of Appeals for the Ninth Circuit
Decided December 15, 1983No. 82-7332PublishedCited by 7 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
E. petitions for review of a final decision of the Merit Systems Protection Board to sustain his removal as a civilian employee of the Navy based on E.’s conviction of child molestation. This case presents a question of first impression for this court concerning the Board’s presumption that off-duty misconduct is related to agency performance where the misconduct is egregious. We conclude that such a presumption is unwarranted and reverse.
Petitioner E. was employed as a diesel engine mechanic with a naval facility. On March 10, 1980, E. was notified by letter that the…
2Cases cited11 opinions
- Jane Doe v. Robert E. Hampton, Individually and as Chairman, U. S. Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1977
- Clifford L. Norton v. John MacYCourt of Appeals for the D.C. Circuit · 1969
- Albert Gueory v. Robert E. Hampton (Chairman of the United States Civil Service Commission)Court of Appeals for the D.C. Circuit · 1975
- Charles H. Young v. Robert E. HamptonCourt of Appeals for the Seventh Circuit · 1977
- Phillips v. BerglandCourt of Appeals for the Fourth Circuit · 1978
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3Cited by7 opinions
- Kenneth A. Johnson v. United States Postal Service and National Rural Letter Carriers AssociationCourt of Appeals for the Ninth Circuit · 1985
- Harding v. United States Postal ServiceDistrict Court, S.D. West Virginia · 1985
- Swann v. WaltersDistrict Court, District of Columbia · 1984
- AFSCME, Council 4, Local 2663 v. Dept. of Children & FamiliesSupreme Court of Connecticut · 2015
- Milo D. Burroughs v. United States Department of the Army Togo West, Jr., Secretary of the ArmyCourt of Appeals for the Ninth Circuit · 1996
2 more not listed; retrieve them via the Exa API.