United States Federal Circuit

In a DEA agent's suit under the Whistleblower Protection Act (WPA), the Merit Systems Protection Board's final decision that plaintiff did not make protected disclosures under the WPA is affirmed where: 1) the administrative judge did not err in finding that plaintiff's communications with an agent were not protected disclosures because they were made as part of normal duties through normal channels; 2) plaintiff's report was not a disclosure because he did not reveal something that was hidden and not known to the DEA; and 3) because plaintiff's communications were not protected under the WPA, the question of whether the government could have shown by clear and convincing evidence that it would have transferred plaintiff on the absence of his communications need not be addressed.

Appellate Information

• Decided 09/07/2010
• Published 09/07/2010

Judges

• GAJARSA

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas G. Roth, L. Misha Preheim