Legal Opinion

Goewert v. United States

United States Court of Federal Claims

Decided August 31, 1998No. 96-653CPublished

1Opinion of the Court

OPINION

SMITH, Chief Judge.

This case comes before the court on defendant’s Motion to Dismiss pursuant to RCFC 12(b)(1). Plaintiff Dr. Robert Goewert claims that a Veterans Administration hospital constructively discharged him by suborning fabricated sexual harassment charges against him; this action amounted to a breach of an implied contract, unjustified personnel actions that resulted in a loss of pay, improper discipline of a senior federal employee, denial of due process rights, and deprivation of his right to salary. Plaintiff claims the court has jurisdiction over this action under the…

2Cases cited15 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. United States v. MitchellSupreme Court of the United States · 1983
  3. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
  4. United States v. FaustoSupreme Court of the United States · 1988
  5. Daryl C. McClary v. The United StatesCourt of Appeals for the Federal Circuit · 1985

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