United States Federal Circuit

In an appeal arising after a Deputy Chief of Police for a Nevada county prevailed in a proceeding brought by the Office of Special Counsel alleging that by running for reelection as a Democratic candidate in 2002 and by later filing for reelection as a Democratic candidate, he violated a provision of the Hatch Act, petitioner's appeal from an order denying him attorney's fees is dismissed for lack of appellate jurisdiction where: 1) petitioner is not an "employee" under 5 U.S.C. section 1215; and 2) consequently, there is no basis on which to argue that he is an "employee" for purposes of section 7703, which defines the circuit court's jurisdiction to review decisions of the Merit Systems Protection Board.

Appellate Information

• Decided 04/17/2008
• Published 04/17/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON and PROST, Circuit Judges, and KENNELLY, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Derek Ludwin, Covington & Burling LLP, of Washington, DC, argued for petitioner.   With him on the brief were Lanny A. Breuer and Brent F. Powell.


• For Appellees:
  
• Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel on the brief was Kristin L. Ellis, Senior Attorney, United States Office of Special Counsel, of Washington, DC.