United States Federal Circuit

In an action alleging that plaintiff's transfer from South Carolina to an Atlanta Field Division of the DEA was in retaliation for making protected disclosures under the Whistleblower Protection Act (WPA), dismissal of petitioner's WPA individual right of action for lack of jurisdiction is reversed and remanded for further proceedings where there was a genuine issue of material fact on the question of whether petitioner's disclosures regarding misconduct were protected under the WPA or were part of his official duties.

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• SCHALL, Circuit Judge., Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas G. Roth, Law Offices of Thomas G. Roth, of West Orange, NJ, argued for petitioner.


• For Appellees:
  
• Steven J. Gillingham, 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, and Steven Abelson, Attorney.