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Case Report for 2018 – February 2, 2018

Docket numbers: CH-1221-14-0737-W-1

Case Number: 16-1313

Issuance Date: January 29, 2018

            The petitioner a Special Agent at the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives, filed an Individual Right of Action (IRA) appeal with the Board regarding alleged retaliation from his supervisor. The alleged retaliation was due to him reporting suspicions that another agent had improperly shot at a fleeing suspect, provided an inaccurate report of the incident, and then falsely testified about the incident in a Federal criminal trial. The Administrative Judge (AJ) found that the Appellant failed to show that he exhausted administrative remedies with the Office of Special Counsel (OSC) and therefore dismissed the appeal for lack of jurisdiction. Although the Appellant did file an OSC complaint, he did not prove that he gave the OSC enough information to pursue and investigate the issue. The Board affirmed the AJ’s decision to dismiss the original appeal. He petitioned for review to the Seventh Circuit. It was granted and remanded to the Board for adjudication of the merits. The Court decided that the petitioner had exhausted all other requirements and that his claim provided to the OSC was sufficient enough for further investigation. The Board erred by disregarding his sworn and unsworn statements regarding the information to the OSC.

While The Angel Law Firm did not represent the above Appellant, the Firm does represent clients in cases before the Merit Systems Protection Board.