Federal employee’s removal upheld by MSPB. A former Immigration and Customs Enforcement (ICE) agent Clay Martin was removed as a deportation officer. The removal was in October of 2018 after a traffic incident in May of 2017. Mr. Martin was a participant in a road rage incident with another man. This incident ended in conflict between Mr. Martin and two Sherriff’s Deputies who arrived on the scene. Following the incident, Mr. Martin accessed three secure government databases in order to look up information about the other man involved in the incident.
The ICE Office of Professional Responsibility conducted an investigation and recommended Mr. Martin’s removal based on four charges: conduct unbecoming a law enforcement officer, unauthorized use of a government database, unauthorized use of an agency resource, and lack of candor. Mr. Martin’s removal was upheld upon arbitration and the United States Court of Appeals for the Federal Circuit affirmed.
Clay Martin v. Dep’t of Homeland Security, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1810.OPINION.5-5-2021_1773343.pdf
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