United States Federal Circuit

A decision sustaining petitioner's removal from her position as a psychiatric nursing assistant at an Army hospital is vacated where an administrative judge abused his discretion in refusing to compel discovery of one officer's email archives pertinent to the case, and it could not be determined whether the agency had fully complied with a request for all email messages relating to petitioner's case.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

Judges

• Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark C. Prugh, Attorney a Law, of Waynesville, MO, argued for petitioner.


• For Appellees:
  
• Anuj Vohra, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director.   Of counsel was Jeffrey S. Pease, Attorney.