United States DC Circuit

Grant of partial summary judgment in a 42 U.S.C section 1983 suit to a class of former government employees whose disability compensation benefits had been terminated, suspended, or reduced is reversed and an order reinstating their benefits is vacated where the district court erred in concluding that the benefit program's lack of written guidelines and published rules caused a violation of the Due Process Clause.

Appellate Information

• Argued 02/10/2006
• Decided 05/23/2006
• Published 05/23/2006

Judges

• Before:  GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James C. McKay, Jr. argued the cause for appellants.   With him on the briefs were Robert J. Spagnoletti, Attorney General, Office of the Attorney General of the District of Columbia, and Edward E. Schwab, Deputy Attorney General.


• For Appellees:
  
• Duncan N. Stevens argued the cause for appellees.   With him on the brief were Charles F.B. McAleer, Alan I. Horowitz, Jeffrey S. Gutman and Lynn E. Cunningham.  Robert J. Harlan, Jr. entered an appearance.