McAlister v. United States

I respectfully dissent. Plaintiff received notice of discharge, on grounds of theft, from his position as a civilian security guard 2 days after he was discovered on the night of June 21-22, 1975, in the locked cafeteria at the Naval Surface Weapon Center in Dahlgren, Virginia. Plaintiff had just completed an 8-hour shift from 4 p.m. to 12 midnight and had commenced a second consecutive 8-hour shift when a supervisor interrupted plaintiffs consumption of a ham and cheese sandwich, 2 cartons of milk, and a small cake known as a "Twinkie.” Plaintiffs employment in law enforcement no doubt…