Rosano v. United States

OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

PHILIP R. MILLER, Judge:

This is a suit brought by a terminated probationary civilian employee of the United States Navy for back pay, reinstatement, refund of part of his health insurance premiums paid during his employment, and an incentive award. The government has moved for summary judgment, arguing the court lacks jurisdiction to award judgment on such claims, and that, in any event, the back pay and reinstatement claims are barred as res judicata by prior decisions adverse to plaintiff.

I

In November 1979, the Department of the Navy, Marine…