Ray L. Kagel, Jr. v. Department of the Army

BRYSON, Circuit Judge.

Ray L. Kagel, Jr., petitions from a decision of the Merit Systems Protection Board dismissing his Individual Right of Action (IRA) appeal as moot. Kagel claims that the agency threatened him with removal in retaliation for disclosures protected by the Whistleblower Protection Act, unless his wife complied with an agency directive. Because we conclude that Ms. Kagel’s temporary compliance with the agency’s directive did not moot Kagel’s IRA appeal to the Board, we vacate and remand the case to the Board for further proceedings.

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Kagel works as an Environmental Resource…