Brooks v. United States

OPINION AND ORDER

WOLSKI, Judge.

Plaintiff Anthony J. Brooks seeks back pay and appointment to the office of Chief Pharmacist Officer of the United States Public Health Service. Defendant United States moves to dismiss Capt. Brooks’s complaint under Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”), arguing that the official whose approval was required never appointed Capt. ■ Brooks, and that the selection decision was discretionary and non-justiciable. Plaintiff cross-moves for summary judgment under RCFC 56(a). For the reasons that follow, the government’s…