Richard D. Herman v. Department of Justice
Court of Appeals for the Federal Circuit
1Opinion of the Court
MICHEL, Circuit Judge.
The Petitioner, Dr. Richard Herman, filed an Individual Right of Action (“IRA”) appeal to the Merit Systems Protection Board (“Board” or “MSPB”), alleging that he was reassigned in retaliation for whistleblowing activities. See MSPB Docket No. AT-1221-98-329-W-1. On the government’s motion, the Board dismissed the appeal for lack of jurisdiction, ruling that none of the disclosures upon which Dr. Herman based his complaint was a protected disclosure under the Whistleblower Protection Act (“WPA”). See 5 U.S.C. § 2302(b)(8)(A) (1994) (protecting an employee from adverse…
2Cases cited6 opinions
- William E. Willis, II v. Department of AgricultureCourt of Appeals for the Federal Circuit · 1998
- John D. Horton v. Department of the Navy, John D. Horton v. Department of TransportationCourt of Appeals for the Federal Circuit · 1995
- John R. Middleton v. Department of DefenseCourt of Appeals for the Federal Circuit · 1999
- F. Prescott Ward v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992
- Thomas B. Frederick v. Department of JusticeCourt of Appeals for the Federal Circuit · 1996
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