Anthony J. English v. Burlington Northern Railroad Company

GOODWIN, Circuit Judge:

Plaintiff Anthony J. English, a former employee of defendant Burlington Northern Railroad Company (“Burlington”), appeals a summary judgment for Burlington and the denial of his petition for judicial review of an order of Public Law Board No. 3408 (the “Board”) affirming English’s discharge from employment for off-duty misconduct. We affirm.

I

Burlington discharged English from employment on July 15, 1985, following an off-duty incident in which he assaulted one Stewart, another Burlington employee, at Stewart’s home. After English was arraigned on criminal charges…