United States Federal Circuit

A district court's invalidation of 28 C.F.R. section 32.2(m), which interprets the term "law enforcement officer," is vacated as the regulation is valid under Chevron analysis. A judgment of entitlement to benefits pursuant to a survivor's claim under the Public Safety Officers' Benefits Act (PSOBA) is reversed where decedent, a part-time Special School Zone Police Officer, could not be a law enforcement officer who died in the "line of duty" because she was simply not a "law enforcement officer" as defined in the PSOBA.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Gordon C. Lane, Lane & Young, of Charleston, WV, argued for plaintiff-appellee., Dawn S. Conrad, 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 Donald E. Kinner, Assistant Director.   Of counsel on the brief was Jason P. Cooley, Attorney Advisor, Office of General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC.