United States Federal Circuit

A Court of Federal Claims order holding that plaintiff, a member of a county Volunteer Mounted Posse, was a "public safety officer" who died as a direct and proximate result of a personal injury sustained in the "line of duty" for purposes of a death benefit under the Public Safety Officers' Benefits Act (PSOBA) is reversed, and its invalidation of a regulation vacated, where it incorrectly construed "law enforcement officer" and erred by failing to defer to an agency's definition of "line of duty."

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, LOURIE, Circuit Judge, and ELLIS, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Patrick O. King, King & Taggart, Ltd., of Carson City, Nevada, argued for plaintiffs-appellees., Hillary A. Stern, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.