United States Federal Circuit

A decision sustaining the DEA's action indefinitely suspending petitioner from employment is reversed where, in suspending petitioner, the DEA failed to meet the procedural requirements of 5 U.S.C. section 7513 and he was entitled to recover backpay for the period of improper suspension.

Appellate Information

• Decided 03/02/2007
• Published 03/02/2007

Judges

• Before SCHALL and GAJARSA, Circuit Judges, and MCKINNEY, Chief Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Arthur B. Spitzer, American Civil Liberties Union of the National Capitol Area, of Washington, DC, argued for petitioner.


• For Appellees:
  
• Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   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 Elizabeth C. Burke, Office of Chief Counsel, Drug Enforcement Administration, United States Department of Justice, of Washington, DC.