United States Tenth Circuit

The Administrative Review Board properly denied petitioner's retaliation action based on his failure to state a claim under 42 U.S.C. section 5851(b)(3)where, among other things, petitioner did not sufficiently allege that respondent took some adverse action against him because of his protected "whistleblower" activity, and could not proceed past the statute's gatekeeping barrier.

Appellate Information

• Decided 07/26/2002
• Published 07/26/2002

Judges

• Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:  Syed M.A. Hasan, pro se., Warren B. Wood, of Wolf Creek Nuclear Operating Corporation, Burlington, Kansas, and J. Patrick Hickey and Tiffany L. Powers of Shaw Pittman LLP, Washington, DC, for Intervenor.


• For Appellees:
  
• Howard M. Radzely, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, and Lois R. Zuckerman, Attorney, U.S. Department of Labor, Washington, DC, for Respondent.