United States First Circuit

In an employment suit alleging discrimination and challenging an unfavorable administrative decision on a failure to cooperate charge as well as the penalty imposed, summary judgment for defendant-agency on all claims is affirmed where: 1) the district court committed no clear error in denying plaintiff's request to amend the administrative record since plaintiff presented no evidence of bad faith or improper behavior on the part of defendant; 2) plaintiff was represented by counsel, and received adequate notice of his Garrity immunity from answering questions asked under threat of an adverse employment action; 3) plaintiff did not show that each of the agency's legitimate, nondiscriminatory reasons for his removal was pretext for discrimination; and 4) the administrative penalty was not unduly harsh.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tracie L. Adamson, with whom Sumner H. Lipman, Keith R. Varner, and Lipman, Katz & McKee, P.A. were on brief, for appellant.


• For Appellees:
  
• Halsey B. Frank, Assistant U.S. Attorney, with whom Paula D. Silsby, U.S. Attorney, was on brief, for appellee.