United States Federal Circuit

In an action brought by a former chief of the United States Park Police arising from her removal based on charges of misconduct, a judgment sustaining rulings against her is affirmed in part, but vacated and remanded in part where: 1) there was no error with regard to a decision regarding the charges of misconduct and the penalty imposed; but 2) the Merit Systems Protection Board applied an incorrect standard when evaluating a claim that the agency removed her in reprisal for a protected disclosure under the Whistleblower Protection Act (WPA).

Appellate Information

• Decided 02/14/2008
• Published 02/14/2008

Judges

• Before MAYER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard E. Condit, Public Employees for Environmental Responsibility, of Washington, DC, argued for petitioner.   With him on the brief was Mick G. Harrison, Caldwell Environmental Center, of Bloomington, IN., Elaine D. Kaplan, Senior Deputy General Counsel, National Treasury Employees Union, of Washington, DC, for amicus curiae, National Treasury Employees Union.   With her on the brief was Gregory O'Duden, General Counsel.


• For Appellees:
  
• Hillary A. Stern, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.