Aletha Rollins and Jessie Rollins v. John O. Marsh, Jr., Secretary of the United States Department of the Army

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Two federal civil-service employees, Jessie and Aletha Rollins, submitted photographs of Aletha Rollins in the nude for publication. The photographs appeared in print and Jessie Rollins was suspended without pay from his job. The Merit System Protections Board found that the suspension was an improper employment decision under the Civil Service Reform Act, and reinstated Mr. Rollins with full back pay. The Rollinses then filed this suit in federal district court, alleging numerous federal and state grounds of relief. The district court was persuaded that…