Douglas v. Donovan

MEMORANDUM

JOHN GARRETT PENN, District Judge.

Plaintiff seeks a declaratory judgment and permanent injunction which would prohibit the defendant, the Secretary of Labor * from honoring a garnishment made against benefits paid to him pursuant to the provisions of the Federal Employees’ Compensation Act (FECA), 5 U.S.C. § 8101 et seq. Plaintiff contends that FECA benefits are not subject to garnishment under 42 U.S.C. § 659.

The case is now before the Court on plaintiff’s motion for summary judgment and defendant’s motion to dismiss.

I

Briefly, the underlying facts in this case are as follows: The…