This morning the Federal Circuit issued a nonprecedential opinion in an employment case, as well as two Rule 36 summary affirmances. Here is the introduction to the opinion and a list of the Rule 36 judgments.
Griffin v. Navy (Nonprecedential)
Crandall Griffin, a criminal investigator with the Naval Criminal Investigative Service, was suspended and demoted after the Navy revoked his driving privileges and charged him with Conduct Unbecoming a NCIS Senior Manager. He appealed the Navy’s decision to the Merit Systems Protection Board. The Board affirmed the Navy’s decision to demote Griffin. On appeal, Griffin asserts that the Navy failed to establish a nexus between his conduct and the “efficiency of service”—i.e., that the Navy failed to show Griffin’s conduct had an adverse effect on his performance, on the mission of the Navy, or on the Navy’s trust and confidence in him. Griffin also challenges the Navy’s penalty as unreasonable. Because the Navy’s nexus finding is supported by substantial evidence, and because the Board did not abuse its discretion in determining that the Navy’s punishment of Griffin was reasonable, we affirm.