Ryan v. Department of Defense


Question(s) Presented

“James Ryan, the Petitioner, request this Petition for Writ of Certiorari be granted because the personnel action violated his constitutional right to due process, as well as the Whistleblower Protection Act (WPA). Petitioner was not provided with notice and opportunity to respond to a specification within a personnel action that removed him from employment as a police officer in the federal service. Additionally, the Merit Systems Protection Board (MSPB) Administrative Judge did not analyze whether the Agency would have taken the personnel action absent disclosures protected by the WPA. The case should have been remanded by the Court of Appeals for the Federal Circuit (CAFC) to the MSPB.”

1. “Can the government sustain a specification without giving the employee notice?”

2. “Can the government overcome a whistleblower defense without an objective test?”

Proceedings and Orders
August 28, 2019
DISTRIBUTED for Conference of 10/1/2019.
October 7, 2019
Petition DENIED.