United States DC Circuit

In case involving appellant's challenge to decision setting aside appellee's critical employee evaluation reports based on his mental illness and ordering he be provided with an appropriate regular assignment, summary judgment for appellee is reversed and the decision of the Board vacated as arbitrary and capricious and is remanded for the Board to reconsider its interpretation of 22 U.S.C. sections 4131(a)(1)(A) and (E) and whether its ordering reinstatement is appropriate in light of both the Rehabilitation Act and the demands of the Foreign Service.

Appellate Information

• Argued 02/15/2007
• Decided 04/06/2007
• Published 04/06/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Tara Leigh Grove, Attorney, U.S. Department of Justice, argued the cause for appellant.   With her on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Marleigh D. Dover, Attorney.  Herbert E. Forrest, Attorney, entered an appearance.


• For Appellees:
  
• Bridget R. Mugane argued the cause and filed the brief for appellee.