Legal Opinion

Sher v. U.S. Department of Veterans Affairs

Court of Appeals for the First Circuit

Decided May 29, 2007No. 06-1537PublishedCited by 37 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This case requires us to examine the implications of the immunity that a government employee receives under Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967), when threatened with an adverse employment action for refusing to answer questions in an administrative investigation by his employer. Statements made in response to such a threat, and the fruits of such statements, may not be used against the employee in subsequent criminal proceedings. That much is clear. The question we consider is whether the circumstances present in this case justified a…

2Cases cited40 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  4. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  5. Califano v. SandersSupreme Court of the United States · 1977

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3Cited by37 opinions

  1. Mariani-Colón v. Department of Homeland SecurityCourt of Appeals for the First Circuit · 2007
  2. Perry v. Merit Systems Protection Bd.Supreme Court of the United States · 2017
  3. Lockridge v. the University of Maine SystemCourt of Appeals for the First Circuit · 2010
  4. United States v. SloughDistrict Court, District of Columbia · 2009
  5. Evangelou v. District of ColumbiaDistrict Court, District of Columbia · 2012

32 more not listed; retrieve them via the Exa API.

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