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   May 24, 2016  ...  Supreme Court:  Green v. Brennan  ...   CONSTRUCTIVE DISCHARGE: WHEN DOES 45 DAY EEO COUNSELOR CONTACT PERIOD START ?  ...   If an employee claims he has been fired for discrimina- tory reasons, the “matter alleged to be discriminatory” includes the discharge itself and the 45-day limitations period begins running only after the employee is fired.      We address here when the limitations period begins to run for an employee who was not fired, but resigns in the face of intolerable discrimination—a “constructive” dis- charge.  ...   COURT DECISION:   (.pdf)   (.html)

   May 24, 2016  ...  Supreme Court:  Foster v. Chatman  ...   THIS A GOOD BAD CASE   -or-   A BAD GOOD CASE ? ... RACIST WHITE PROSECUTOR REMOVED ALL BLACKS FROM JURY POOL /// FOSTER, THE BLACK GUY, ACTUALLY MURDERED AND SEXUALLY MOLESTED THE WHITE WOMAN.  ...   On the morning of August 28, 1986, police found Queen Madge White dead on the floor of her home in Rome, Georgia. White, a 79-year-old widow, had been beaten, sexually assaulted, and strangled to death. Her home had been burglarized. Timothy Foster subsequently confessed to killing White, and White’s possessions were recovered from Foster’s home and from Foster’s two sisters. The State indicted Foster on charges of malice murder and burglary. He faced the death penalty.      District Attorney Stephen Lanier and Assistant District Attorney Douglas Pullen represented the State at trial. They subsequently removed all Blacks from jury pool.           CLARENCE THOMAS, DISSENT:    " THE COURT AFFORDS A DEATH-ROW INMATE ANOTHER OPPORTUNITY TO RELITIGATE HIS LONGFINAL CONVICTION. IN FEW OTHER CIRCUMSTANCES COULD I IMAGINE THE COURT SPILLING SO MUCH INK OVER A FACTBOUND CLAIM ARISING FROM A STATE POSTCONVICTION PROCEEDING."   ...  COURT DECISION:   (.pdf)   (.html)

   May 19, 2016  ...  VAOIG:  Administrative Investigation - Alleged Prohibited Personnel Practice, Board of Veterans Appeals, Washington, DC ... HR CHIEF DID IT.      On March 6, 2015, the OIG Administrative Investigations Division received an allegation that Ms. Laura H. Eskenazi, BVA Executive inCharge and Vice Chairman, engaged in a prohibited personnel practice when she allegedly influenced members of a screening panel so that a favored employee would be promoted to a Veterans Law Judge (VLJ) position.    ...    We did not substantiate the allegation that Ms. Eskenazi engaged in a prohibited personnel practice by directing members of a screening panel to increase the applicant pool so a particular employee was interviewed and subsequently appointment as a VLJ.    ...    Moreover, the Chief of BVA HR asked the screening panel to expand the applicant pool, not Ms. Eskenazi. We are therefore closing this allegation.     Summary   Report

   May 17, 2016  

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   May 16, 2016  ...  N.M.C.C.A.:  United States  v. Smith  ...   THE APPELLANT, SERGEANT (E-5), U.S. MARINE CORPS, [...] STATES: (1) THAT HIS AGGRAVATED ASSAULT CONVICTION WAS LEGALLY AND FACTUALLY INSUFFICIENT, AND (2) THAT HIS SENTENCE WAS INAPPROPRIATELY SEVERE.   ...   In December 2014, the appellant and his family lived on board Hill Air Force Base, Utah, while the appellant was assigned to a local recruiting station.      However, the appellant’s relationship with his wife was significantly strained, and they had each threatened divorce on several occasions.      On 28 December 2014, the appellant and his wife fought again. The fight, precipitated by a disagreement over what to prepare their four-year-old daughter for breakfast, quickly escalated.      In response, the appellant picked up his wife, carried her to their bedroom, and threw her on her back onto the bed. Straddling her, he then grabbed a memory foam pillow from the bed and held it against her face.      The appellant held the pillow against her until, through a combination of struggling and their daughter calling out to him, the appellant stopped and left the room.      The appellant’s wife called her sister and mother to report the fight, but hung up after a brief conversation, fearing the appellant would find out.      Within minutes, the appellant returned to the room and again pushed the pillow over his wife’s face. At trial, she testified about this attack:  ...   COURT DECISION:   (.pdf)   (.html)

   May 12, 2016  ...  MSPB:  O'Lague v. Veterans Affairs  ...   THIS IS ONE OF THOSE "COLD BLOODED" MSPB APPEAL DECISIONS ... "WE THEREFORE DO NOT SUSTAIN THE LACK OF CANDOR CHARGE ... BUT..."  ...   Prior to his removal, the appellant was a Police Officer, GS-0083, at the Department of Veterans Affairs (VA) Medical Center (Medical Center), in Spokane, Washington.       On June 8, 2015, the agency proposed to remove the appellant on charges of: (1) Inappropriate Behavior (eight specifications); (2) Sleeping on Duty (three specifications); and (3) Lack of Candor.       The appellant responded orally and in writing, and, on July 10, 2015, the agency issued a decision letter sustaining the charges and finding that removal was the appropriate penalty.       The appellant was removed effective July 10, 2015.       The appellant filed a timely appeal.       Following a hearing, the administrative judge issued an initial decision sustaining the removal action. The administrative judge sustained all charges and most of the specifications [...] and found that the agency established a nexus between the sustained misconduct and the efficiency of the service.       She further found that the appellant failed to establish his affirmative defense of whistleblowing reprisal.       Finally, she found that the removal penalty was within the bounds of reasonableness.       The appellant is appealing the initial decision that sustained the agency’s removal action.   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   May 11, 2016  ...  MSPB:  Cahill v. MSPB  ...   LACK OF JURISDICTION MY $#&: "WE CONCLUDE OTHERWISE, AND WE THEREFORE REVERSE AND REMAND."  ...   Matt Cahill was an employee of the United States Department of Health and Human Services in the Cen- ters for Disease Control and Prevention from March 2011 until July 2014.       In February 2014, he complained that agency officials had taken personnel actions against him in retaliation for his having raised concerns, at a March 2012 meeting, about his agency’s data-gathering equip- ment and procedures.       When he brought that complaint to the Merit Systems Protection Board, the Board concluded that it lacked jurisdiction to hear it because Mr. Cahill had not presented nonfrivolous allegations that his March 2012 disclosure was known to at least one of the agency officials he charged with taking the challenged personnel actions.       We conclude otherwise, and we therefore reverse and remand.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   May 10, 2016  ...  4th Cir:  Goines v. Valley  ...   I WALKED INTO THE POLICE STATION TO FILE A COMPLAINT ... THEY LOCKED ME UP, INSTEAD.  ...   Gordon Goines went to the police station to report the theft of his cable services and ended up involuntarily detained for six days for a mental-health evaluation.      Goines thereafter brought this action under 42 U.S.C. § 1983, alleging that he was unlawfully seized without probable cause in violation of the Fourth and Fourteenth Amendments.      Goines named as defendants the police officers who initially detained him, as well as the mental-health worker who evaluated him, and the mental-health worker’s employer.      The district court granted the defendants’ motion to dismiss for failure to state a claim, and dismissed the complaint in its entirety.   ...   COURT DECISION:   (.pdf)   (.html)

   May 9, 2016  ...  LAW:  MSPB CLARIFIES REQUIREMENTS TO SUSTAIN A "LACK OF CANDOR" CHARGE.   (By Washington Post Writter, Ana Swanson)   In light of Rhee and Parkinson, we now hold that lack of candor requires proof of the following elements: (1) that the employee gave incorrect or incomplete information; and (2) that he did so knowingly.       (David A. Fargnoli v. Department of Commerce, 2016 MSPB 19):   (.pdf)    (.html)

   May 5, 2016  ...  PCC:  Gold v. BASA  ...   DURING HIS EMPLOYMENT WITH THE AUTHORITY, GOLD WAS THE SUBJECT OF NUMEROUS DISCIPLINARY ISSUES.  ...   The Butler Area Sewer Authority (Authority) hired Gold as a laborer in 1992. Approximately six months after his initial hire date, the Authority reclassified Gold as maintenance personnel. Butler Area Sewer Authority      In 2008, after working as maintenance personnel for approximately fifteen years, Gold began working as a dye tester. Gold was selected for the dye tester position because he was the most senior Authority employee to bid for that position.      Throughout his employment with the Authority, Gold was a member of the American Federation of State, County, and Municipal Employees Union (Union). During his employment with the Authority, Gold was the subject of numerous disciplinary issues. On December 10, 1998, Gold was suspended for inappropriate and unacceptable conduct. On October 27, 2003, Gold was suspended for misuse of Authority property.      On January 11, 2007, Gold was suspended, pending employment termination, for testing positive on a random drug test.      On January 18, 2007, the Authority entered into a Last Chance Agreement (2007 Agreement) with Gold, whereby, Gold was required to complete a drug rehabilitation program, and was subject to random drug and/or alcohol testing for a period of 60 months following his reinstatement.      The 2007 Agreement also provided that Gold’s employment could be terminated without any right to file a grievance or to demand arbitration, should he fail a drug and/or alcohol test within said time period and/or within the first 12 months of the 60-month term if he violated any policy, work rule, law, statute or regulation.           On April 16, 2009, the Authority terminated Gold’s employment for violation of an Authority work rule related to outside employment and conflict of interest, specifically for replacing sewers outside of his job with the Authority, and for lying to the Manager and Solicitor regarding the same.  ...   COURT DECISION:   (.pdf)   (.html)

   May 3, 2016  ...  MSPB:  Goodin v. Army  ...   YOU "INDIAN GIVER" BASTARDS !!!  ...   The appellant, a 10-point preference-eligible veteran, applied for a competitive service GS-12 Clinical Social Worker position with the Blanchfield Army Community Hospital at Fort Campbell, Kentucky.      The vacancy announcement for the position provided that, “[i]f selected, official college or university transcripts must be submitted,” and “[i]f selected, candidate must provide documents for credentialing.”      The agency created a certificate of eligibles with the appellant placed at the top, selected him for the position, made a tentative job offer to him, and sent him a letter informing him to provide documentation for the credentialing process at the hospital.      The agency then determined that the appellant did not meet the credentialing requirements ... .  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   April 29, 2016  ...  USCFC:  Wade v. United States (Navy)  ...   GOOD TO SEE THOSE OVERLY PUNITIVE MILITARY DICTATORS GET SMACKED DOWN:   The Court Vacates The Navy’S Administrative Punishment Of Mr. Wade As Being Arbitrary, Capricious, An Abuse Of Discretion, And Not Supported By Substantial Evidence.  ...   Victor L. Wade enlisted in the Navy on March 23, 1989 at age 19. The Navy trained Mr. Wade as an Information Systems Technician.      In a variety of naval assignments, many of them overseas, Mr. Wade served for more than 18 years in exemplary fashion without any disciplinary incidents.      On June 27, 2007, Mr. Wade underwent a random urinalysis test at Fort Gordon in Augusta, Georgia.      On July 5 and 9, 2007, at the Navy’s Jacksonville, Florida Screening Laboratory, Mr. Wade’s urine sample tested positive for cocaine in a concentration of 482 ng/mL, which exceeded a Department of Defense limit of 100 ng/mL.      On July 13, 2007, the Navy informed Mr. Wade that he was suspected of violating Uniform Code of Military Justice (UCMJ) Article 112a, for wrongful use of cocaine.      On July 26, 2007, after consulting by telephone with a military lawyer, Mr. Wade elected to accept potential non-judicial punishment instead of proceeding to a court martial.           CONCLUSION           Considering the entire administrative record, the Court vacates the Navy’s administrative punishment of Mr. Wade as being arbitrary, capricious, an abuse of discretion, and not supported by substantial evidence. In particular, his involuntary discharge from the Navy on the record presented was unjustified. The Court directs the Navy to reinstate Mr. Wade with all appropriate back pay, benefits, and allowances, and to return to him the funds forfeited as a result of the August 8, 2007 non-judicial punishment.      Mr. Wade may apply to the Court for the reimbursement of reasonable legal fees to the extent allowed by law. Costs are awarded to Plaintiff.      The Court GRANTS Plaintiff’s cross-motion for judgment on the administrative record, and DENIES Defendant’s motion for judgment on the administrative record. The Clerk shall enter judgment for Plaintiff. Pursuant to Rule 54(d), costs are awarded to Plaintiff.  ...   COURT DECISION:   (.pdf)   (.html)

   April 26, 2016  ...  1st Cir:  Murray v. Warren Pumps  ...   HE CLAIMS THAT THEIR ACTIONS TOWARD HIM VIOLATED THE ADA.  ...   Plaintiff Raymond Murray sued his former employer Warren Pumps, LLC and its parent company Colfax Americas, claiming that their actions toward him violated the Americans with Disabilities Act ("ADA") and its Massachusetts analog.      He also asserted a state common law claim that he had been terminated from his employment for raising complaints about suspected workplace safety violations, in contravention of Massachusetts public policy.  ...   COURT DECISION:   (.pdf)   (.html)

   April 26, 2016  ...  N.M.C.C.A.:  United States  v. Welch  ...   HEY FELLOW ARMY DUDE ... I'M NOT A BROKE-BACK SOLDIER  ...   The appellant’s abusive sexual contact convictions stem from three incidents with the same victim, Cryptologic Technician Interpretive Third Class (CTI3) J.W. (Male)      The two men met at boot camp in July 2010. They later became roommates and close friends during their lengthy, follow-on assignment at the Defense Language Institute (DLI).      There they met a fellow Russian linguist, CTI3 A.A. Female) , and together became the “Three Amigos.” The trio often socialized together outside of work, but there were certainly times when CTI3 A.A., a female Sailor, did not accompany the other two.      For example, in April 2011, the roommates went alone on a camping trip.      They drank beer by a campfire and talked for hours before settling into sleeping bags under the stars. Sometime during the night, CTI3 J.W. (male) awoke to find his penis being grasped by the appellant (male), who was stretching from his own sleeping bag to reach into CTI3 J.W.’s sleeping bag, coveralls, trousers and underwear.   ...   COURT DECISION:   (.pdf)   (.html)

   April 22, 2016  ...  TECH:  OPERA BROWSER BAKES IN FREE VPN.   (By Writter, Gregg Keizer)   Opera Software today released a developer preview of its namesake browser that includes a full-featured VPN (virtual private network) client and free access to the service.

   April 22, 2016  ...  DcDc:  Said v. NRRC  ...   DID YOU KNOW THAT "AMTRACK" IS ACTUALLY THE "NATIONAL RAILROAD PASSENGER CORPORATION".  ...   The plaintiff, Cheryl Renee Said, instituted this civil action against the defendant, the National Railroad Passenger Corporation, which does business as “Amtrak,” asserting several causes of action under federal and District of Columbia law for her allegedly unlawful termination by the defendant.      The following are the facts underlying this case as alleged by the plaintiff in her complaint and proposed amended complaint. The defendant employed the plaintiff as a “Lead Service Attendant,” and at all times relevant to this case, the plaintiff “was a [u]nion member of Amtrak Service Workers Council” (“the Union”) and “covered by the Collective Bargaining Agreement (‘CBA’) between [Amtrak] and [the Union].”      “On or about February 1, 2011, while . . . working[,]” she was “inform[ed] that her husband had died.” Her “husband’s sudden death had a devastating effect on her.”      The plaintiff “became very ill as she suffered prolonged grief, severe depression, anxiety[,] and insomnia,” which was all in addition to “the high blood pressure she already suffered from.”      The plaintiff “was given time off due to the death of her husband.”   ...   COURT DECISION:   (.pdf)   (.html)

   April 21, 2016  ...  MSPB:  Bautz v. Treasury  ...   SHE ALLEGED THAT TREASURY DENIED HER A CAREER-LADDER PROMOTION TO A GS-15 IN RETALIATION FOR IG COMPLAINT.  ...   The appellant, a GS-14 Program Manager, filed an equal employment opportunity (EEO) complaint in 2008, which she amended in 2009 to include a claim that she was denied a career-ladder promotion to a GS-15 in 2008 based on her opposition to discriminatory practices at the agency.      On February 20, 2012, the parties entered into a settlement agreement, which provided, in pertinent part, that the agency would pay the appellant’s attorney fees and compensatory damages, totaling $35,000, and restore 21 days of leave to her account, and that she would withdraw the EEO complaint with prejudice and “abandon any right to pursue any administrative or judicial remedies related to the issues raised in the complaint.”      On September 30, 2014, the appellant filed a complaint with the Office of Special Counsel (OSC) in which she alleged that the agency denied her a career-ladder promotion to a GS-15 in 2008 in retaliation for her having reported to the agency’s Office of the Inspector General that the then-union president allegedly had falsified his time and attendance records.   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   April 21, 2016  ...  6th Cir:  Szeinbach v. Ohio State  ...   HEY, THAT COURT STOLE $213,368 OF MY BACK PAY AWARD. I WANT MY MONEY BACK.  ...   Ohio State University (OSU) hired Szeinbach in January 1999 as a full professor with tenure in the College of Pharmacy (COP).      Dr. Sheryl Szeinbach sued The Ohio State University (OSU) for discrimination and retaliation under Title VII of the Civil Rights Act of 1964. After a three-week trial, the jury returned a verdict awarding her $513,368 in damages.      The first $300,000 of the award represented compensatory damages for emotional suffering, harm to her professional reputation, and other losses; the remaining $213,368 represented back pay to account for the higher income that Szeinbach allegedly would have earned in the absence of OSU’s illegal conduct.      OSU moved for a remittitur of the award on the ground that it was excessive in relation to the evidence of damages that Szeinbach had put forward at trial. The district court denied the motion with respect to the compensatory damages but granted the motion with respect to the jury’s award of back pay. Accordingly, the court reduced Szeinbach’s damages by $213,368.      Szeinbach now appeals, arguing that she had adequately proved her entitlement to back pay.  ...   COURT DECISION:   (.pdf)   (.html)

   April 18, 2016  ...  N.M.C.C.A.:  United States v. Nelms  ...   RAPE ? ... THREE FEMALE PETTY OFFICERS WENT TO A LOCAL BAR IN HAWAII FOR A NIGHT OF DRINKING AND CELEBRATION.  ...   In September 2013, two female petty officers, Yeoman Second Class (YN2) CM4 and Logistics Specialist Second Class (LS2) DK, invited the appellant to go with them to a local bar in Hawaii for a night of drinking and celebration.5 All three drank heavily at the bar, consuming approximately 9-12 drinks each over a 4 1/2 to 5 hour period.      Relying on bar receipts and witness testimony, a Government expert witness estimated YN2 CM’s blood alcohol content (BAC) peaked between .37 and .40 on the night in question while a defense expert witness estimated it peaked at .28.6 YN2 CM testified that she blacked out at the bar, and her next memory was of lying on the ground outside the bar.      Eventually, all three returned to LS2 DK’s house.8 Once there, YN2 CM slept on a couch and the appellant slept on the far side of the same couch.9 YN2 CM testified that her next memory of the night was waking up in a dark house with a man on top of her with his penis inside her vagina.      She also testified that she could not move from underneath him; the man told her to roll over and then pushed her onto her stomach.11 YN2 CM testified that she did not remember anything after that until the next morning when she awoke lying face down on the couch with her skirt “bunched up” to her thighs and her underwear on the floor.      That evening YN2 CM went to a local hospital emergency room and reported that she thought she had been raped the prior night.   A nurse performed a sexual assault forensic examination on YN2 CM. DNA testing from that exam identified the appellant as the source of semen found on vaginal and cervical swabs taken from YN2 CM.14.  ...   COURT DECISION:   (.pdf)   (.html)

   April 18, 2016  ...  7th Cir:  Kuttner v. Zaruba  ...   AS USUAL ... WHEN SHE GOT COUGHT IN MISCONDUCT ON TE JOB, SHE IMMEDIATELY PLAYED THE GENDER CARD (VICTIM).  ...   Susan Kuttner was fired from her job as a DuPage County deputy sheriff after she wore her uniform and badge while trying to collect on a loan for a friend. She sued the sheriff alleging that she was fired because of her sex.       There’s no direct evidence of sex discrimination, so Kuttner’s lawyer embarked on a protracted fishing expedition in search of possible comparators to try to mount a case under the rubric of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).       Using an overbroad understanding of “similarly situated” employees, the lawyer sought the personnel files of more than 30 employees of the DuPage County Sheriff’s Office. In response to these and other inappropriate discovery requests, the district judge stepped in and imposed some limits.       In the end Kuttner failed to adduce evidence of sex discrimination, so the judge entered summary judgment for the sheriff. On appeal Kuttner argues that the judge unduly restricted discovery and improperly granted summary judgment.  ...   COURT DECISION:   (.pdf)   (.html)

   April 18, 2016  ...  CCA:  Lopez v. Watchtower  ...   JEHOVAH'S WITNESSES GETTING ACCUSED OF SEXUAL ABUSE, TOO.  ...   Jose Lopez sued the national Jehovah's Witnesses organization, Watchtower Bible and Tract Society of New York, Inc. (Watchtower), alleging his Bible instructor sexually abused him in 1986 when he was a child. Lopez asserted several legal theories, including failure to warn, negligent supervision, and negligent hiring/retention.     After contentious discovery disputes, the court issued two discovery orders against Watchtower: (1) compelling the deposition of an individual (Gerrit Lösch) whom the court found was a "managing agent" of Watchtower; and (2) ordering the production of documents in Watchtower's files pertaining to other perpetrators of child sexual abuse.     When Watchtower failed to comply with these orders, the court granted Lopez's motion for monetary and terminating sanctions, struck Watchtower's answer, and entered Watchtower's default.     On appeal, Watchtower challenges the validity of the discovery orders and contends the court abused its discretion in failing to impose lesser sanctions.  ...   COURT DECISION:   (.pdf)   (.html)

   April 14, 2016  ...  NMCCOCA:  United States v. Chikaka  ...   APPELLANT CLAIMS THAT THE CHARGES ARE LEGALLY AND FACTUALLY INSUFFICIENT.  ...   The appellant was a married Marine recruiter in the Sixth Marine Corps District (6MCD) at Recruiting Substation (RS) Douglasville, GA, where his duties included visiting high schools to recruit young men and women into the United States Marine Corps.       His duties also included assisting enlisted “poolees” in matriculating into the Marine Corps before reporting to recruit training, including providing them transportation to and from Marine events (such as physical training, social events, etc.), meeting with them in his official office spaces, and otherwise assisting them to prepare for their induction.       A general court-martial composed of officer and enlisted members convicted the appellant, ... of an attempt ... of abusive sexual contact, nine general order violations, wrongful sexual contact, abusive sexual contact, four obstructions of justice, indecent language, and adultery, in violation of ... .  ...   COURT DECISION:   (.pdf)   (.html)

   April 13, 2016  ...  DcDc:  Ali v. McCarthy  ...   RACE, GENDER, NATIONAL ORIGIN, AGE AND DISABILITY; AND RETALIATION.  ...   Plaintiff Ghulam Ali alleges that the Environmental Protection Agency (the “Agency”) discriminated against him due to his race, gender, national origin, age and disability.      He also alleges that the Agency retaliated against him. Specifically, Ali claims that the Agency acted with discriminatory and/or retaliatory motive when it: (1) failed to promote him to pay grade GS-14; (2) transferred him throughout the Agency; and (3) refused to allow him to continue working in a private office as an accommodation for his environmental allergies.      Finally, Ali asserts the Agency created a hostile work environment.  ...   COURT DECISION:   (.pdf)   (.html)

   April 12, 2016  ...  9th Cir:  United States v. Branden Pete  ...   WHY THE DEATH PENALTY SHOULD NEVER BE OUTLAWED.  ...   In May 2002, Branden Pete, a Navajo youth who lived on an Arizona reservation, was riding in a car with three men, Hoskie James, Harris James (Hoskie’s son1), and Irvin Cepi. At the time, Pete was 16 years old, Hoskie was 41, Harris was 20, and Cepi was 23.     Hoskie drove the car. Pete and Harris had been drinking for some time before meeting up with Cepi and Hoskie, and the four riders continued to drink while driving.     Hoskie pulled over to pick up a hitchhiker, Charlotte Brown. After a period of driving, Hoskie stopped the car in a wooded area and everyone got out.  ...   COURT DECISION:   (.pdf)   (.html)

   April 11, 2016  ...  5th Cir:  EEOC v. Rite Way   ...   WAS HER FIRING IN RETALIATION FOR HER INSTIGATING HER SUPERVISOR'S TERMINATION ?  ...   The Equal Employment Opportunity Commission brings this antiretaliation claim on behalf of Mekeva Tennort. Tennort was employed as a general cleaner for Rite Way Service, Inc., a janitorial services contractor with the Biloxi school system.       At the beginning of the 2011–2012 school year, Tennort’s supervisor was let go and replaced by an interim supervisor, Willie Harris. Harris assumed this role on approximately August 5, 2011.       Shortly thereafter, on August 11th, Tennort and Quarles were together on school property when Harris told Quarles that she should not have a cell phone in her back pocket pursuant to Rite Way policy. Tennort expressed surprise that Harris could tell what was in Quarles’s pants pocket and stated that “somebody must be looking real hard at [Quarles’s] behind.” Harris responded that Quarles’s pants were tight. Quarles took offense, pulling at her pants to show that they were not tight and telling Harris not to worry about how tight her pants were. Harris then said, “I’m a man, I’m gonna look.” The comment visibly upset Quarles.       After this incident, Quarles complained to a police officer stationed at the junior high school and to Rite Way that Harris had sexually harassed her.   ...   COURT DECISION:   (.pdf)   (.html)

   April 8, 2016  ...  CCAT:  Tennessee v. Susan Jo Walls  ...   SHE WAS SENTENCED TO LIFE FOR ... THE FIRST-DEGREE PREMEDITATED MURDER OF HER HUSBAND.  ...   The Defendant, Susan Jo Walls, was convicted by a jury of being criminally responsible for the first-degree premeditated murder of her husband and of conspiring with others to commit said murder. The trial court imposed an effective sentence of life imprisonment for these convictions.         In this direct appeal, the Defendant argues that (1) the evidence was insufficient to support her convictions; (2) the trial court erred in allowing late-night jury deliberations; (3) the trial court erred by denying her motion to suppress an involuntary statement made to law enforcement; (4) the trial court failed to properly sanction the State for its untimely disclosure of certain phone records; (5) the trial court abused its discretion by denying her motion for a mistrial or to strike a witness‟s testimony based on an alleged Jencks Act violation; and (6) the trial court erred by modifying the jury instructions in response to a jury question that was presented after deliberations had commenced.   ...   COURT DECISION:   (.pdf)     (.html)

   April 8, 2016  ...  SCD:  Paitsel v. Delaware  ...   ALLEGING EMPLOYMENT DISABILITY DISCRIMINATION ON BOTH FEDERAL AND STATE LAW GROUNDS.  ...   On February 27, 2015, Paitsel filed a complaint in this Court alleging employment disability discrimination on both federal and state law grounds. The complaint initially named DOL and one of its employees, Julianne Watkins, in her official capacity. DOL and Watkins filed an answer and motion for judgment on the pleadings on May 29, 2015.      The counts now included within Paitsel’s amended complaint include a disability discrimination claim against DOL pursuant to the Delaware Persons With Disabilities Employment Protection Act (“PWDEPA”)2 and the Americans with Disabilities Act (“ADA”)3.  ...   COURT DECISION:   (.pdf)   (.html)

   April 6, 2016  ...  11th Cir:  Trask v. Veterans Affairs  ...   AS A SELF-CENTERED 58 YO FEMALE, I'M SURE VA ACTIONS WERE BECAUSE OF MY AGE AND GENDER.  ...   Dr. Donna Trask, a female born in 1953, is a licensed clinical pharmacist. At the time of the events material to this appeal, Dr. Trask was approximately 58.      In this case the plaintiffs sued their employer, the VA, for gender and age discrimination. The plaintiffs are pharmacists who have worked at for the VA for over a decade. In 2010, the VA announced a nationwide treatment initiative that resulted in the reorganization of several VA treatment facilities, including the facility where the plaintiffs worked. This reorganization involved the creation of new pharmacist positions requiring an “advanced scope of practice,” to be filled internally, and the elimination of certain pre-existing pharmacist positions, including the positions that the plaintiffs held.      The plaintiffs claim they were not selected to fill the new pharmacist positions due to their gender and age and were similarly denied opportunities to train and qualify for those positions due to their gender and age. The VA’s non- selection of the plaintiffs for the new pharmacist positions, along with its reorganization and elimination of the plaintiffs’ then-current positions, resulted in a reassignment of the plaintiffs’ positions and job duties. The plaintiffs claim their reassignments resulted in losses of prestige and responsibility.  ...   COURT DECISION:   (.pdf)   (.html)

   April 4, 2016  ...  MSPB:  Bent v. State  ...   STATE DEPARTMENT VIOLATED HIS VETERANS’ PREFERENCE RIGHTS WHEN IT REFUSED TO ACCEPT HIS APPLICATION.  ...   In 2009, the appellant, a preference-eligible veteran, sought to apply for a Diplomatic Security Service Special Agent position even though he exceeded the maximum-entry age restriction for such positions.       According to the appellant, the agency never responded to his application.       On July 11, 2015, the appellant filed an appeal with the Board in which he alleged that the agency violated his veterans’ preference rights when it refused to accept his application for the Diplomatic Security Service Special Agent position.   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   March 29, 2016  ...  DcDc:  Hodges v. District of Columbia  ...   WHILE HE WAS EMPLOYED BY OIG, PLAINTIFF BEGAN EXPERIENCING BACK PAIN.  ...   Plaintiff Ronald Hodges was employed by the District of Columbia’s Office of the Inspector General (“OIG”) until his termination in September 2010. In this action, he brings claims against the District for disability discrimination and failure to accommodate under the D.C. Human Rights Act, ..., and the Americans with Disabilities Act, ... .       He also alleges violation of the Family Medical Leave Act, ... (the “FMLA”).       Before the court are the District’s Motion for Summary Judgment on all of Plaintiff’s claims and Plaintiff’s Motion for Summary Judgment on his FMLA claim.  ...   COURT DECISION:   (.pdf)   (.html)

   March 28, 2016  ...  DcDc:  Saunders v. Mills (SBA)  ...   AS TRAINING CHIEF OF THE DIVISION, MS. SAUNDERS HELD A POSITION AT A GS-15 LEVEL.  ...   Ms. Saunders is a black female who used to work at the Small Business Administration (SBA). In 2005, she was selected for the position of Chief of the Training and Benefits Division (later named Training and Development Division (TDD)) in SBA’s Office of Human Capital Management (OHCM).       In 2006-2007, Ms. Saunders joined two other employees in complaining to SBA’s Administrator about systemic discrimination and retaliation at the agency.       On June 1, 2010, the Office of Special Counsel (OSC) reached an agreement with SBA to return Ms. Saunders to her original position as Training Chief.       On June 26, 2014, SBA removed Ms. Saunders from her position. OSC once again intervened and she was reinstated. On September 3, 2014, Ms. Saunders retired from SBA, claiming she was constructively terminated because SBA made her working conditions intolerable and she was no longer willing to withstand the incessant discrimination and retaliation. Ms. Saunders filed this lawsuit.  ...   COURT DECISION:   (.pdf)   (.html)

   March 25, 2016  ...  11th Cir:  United States v. Baston  ...   AN INTERNATIONAL SEX TRAFFICKER NICKNAMED “DRAC” (SHORT FOR DRACULA) WHO SOMETIMES DRESSED UP AS A VAMPIRE.  ...   This appeal ... require us to review the convictions and sentence of Damion Baston, an international sex trafficker nicknamed “Drac” (short for Dracula) who sometimes dressed up as a vampire, complete with yellow contact lenses and gold-plated fangs.     Baston forced numerous women to prostitute for him by beating them, humiliating them, and threatening to kill them, and he pimped them around the world, from Florida to Australia to the United Arab Emirates.     Baston challenges the sufficiency of the evidence for one conviction, a supplemental jury instruction, and the award of restitution to his victims.   ...   COURT DECISION:   (.pdf)   (.html)

   March 23, 2016  ...  7th Cir:  Holmes v. Neal  ...   ON REMAND THE DISTRICT COURT AGAIN FOUND HOLMES COMPETENT AND REINSTATED THE DENIAL OF HIS CLAIMS, AND AGAIN WE REVERSED.  ...   On the day of the murders Eric Holmes had gotten into an argument with a co-worker at the Shoney’s restaurant where he worked.     He and a man named Michael Vance approached the co-worker and two of the restaurant’s managers, one of whom was carrying the till (containing money) out of the restaurant.     They trapped the three in the foyer of the restaurant, stabbed them multiple times, and took the till.     Two of the victims died.         Eric Holmes, was convicted of a pair of murders committed three years earlier, and the following year he was sentenced to death.  ...   COURT DECISION:   (.pdf)   (.html)

   March 23, 2016  ...  MSPB:  Horsey  v. State  ...   NO, THIS CASE IS NOT ABOUT LIONEL RICHEY.  ...   Horsey is an African-American man who worked as an employee of the U.S. Department of State (“the State Department” or “Defendant”) for more than two decades prior to the events that prompted the instant employment discrimination lawsuit. Horsey alleges that the State Department suspended his security clearance, and then suspended his employment indefinitely without pay, after he refused to undergo a required psychological evaluation without union representation, and that the State Department took these adverse actions against him due to discriminatory and retaliatory animus. Horsey has filed a three-count complaint under Title VII of the Civil Rights Act of 1964.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   March 22, 2016  ...  MSPB:  Washington  v. DCHA  ...   MY BIG BOSS CREATED A HOSTILE WORK ENVIRONMENT BY REPEATEDLY DISREGARDING, DISRESPECTING, AND VERBALLY ABUSING ME.  ...   Plaintiff Keith Washington worked for the District of Columbia Housing Authority (DCHA) as a photographer from March 15, 1998 to March ll, 20l5.       In February 2014, defendant Richard White became the DCHA’s director of public affairs and plaintiffs supervisor.       On June l0, 20l4, plaintiff filed a complaint with the DCHA’s human resources office alleging defendant White had created a hostile work environment by repeatedly disregarding, disrespecting, and verbally abusing plaintiff.       The DCHA then underwent a reduction in force ("RIF") and reorganization. Compl.       On February 9, 2015, plaintiff was notified that his position was to be abolished. Plaintiff declined an offer to move to a different position within the agency that came with a lower salary, and was accordingly separated from the DCHA. Plaintiff was 47 years old at the time.       On March 6, 20l5, plaintiff filed an Equal Employment Opportunity Commission ("EEOC") Charge of Discrimination with the District of Columbia Office of Human Rights, alleging age discrimination in violation of the ADEA.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

T-MOBILE ADDS FREE YOUTUBE FOR ALL 3GB + DATA PLANS      Verizon, Sprint, ATT customers Freel Like Big Suckers.      Binge On  ...   Binge On FAQs  ...   Binge On HowTo'S           T-MOBILE Prepaid Plans Qualify For Free Video Streaming   (With 3GB + Data)      Unlimited 4G LTE Talk, Text & Data: 3GB ($40) ... 5GB ($50) ... 10GB ($60)      T-MOBILE $30 5GB Data Plan Gets Free Video Streaming, Too      The T-Mobile $30 plan includes 5GB Data, Unlimited Texts and 100 minutes talk.      Several sources have confirmed that Binge On Free Video Streaming works with the plan.      Check Data Usage:   Android "DATA USAGE" counts all data used. Dialing #932# displays data counted by T-Mobile.      Example:  Watch 3 Youtube Videos.   ANDROID DATA USAGE = 120MB Data Used    T-MOBILE #932# = 2MB Data Used.    (Binge On, Baby)

   March 14, 2016  ...  7th Cir:  Formella v. Brennan  ...   WHITE POSTAL POLICE SUED USPS FOR EMPLOYMENT DISCRIMINATION BASED ON RACE AND AGE.  ...   Formella, a white male, worked for USPS for 31 years. He became a postal police officer in 1998 and was promoted to sergeant in 2003. The USPS police officers were assigned to one of three shifts, called “tours.” Tours 1 and 3 had the opportunity for “premium pay” for work performed on Sundays and after 6:00 p.m. As a sergeant, Formella supervised six to ten officers on his tour, created schedules, responded to incidents, and dispatched officers.      In 2009, Formella decided to retire and submitted his paperwork to USPS. At that time, he was on tour 1. However, Formella changed course and decided not to retire. He claimed USPS would not allow him to withdraw his retirement paperwork, and he filed an administrative appeal. The parties reached a settlement that allowed Formella to return to work, but on tour 2, which had no opportunity for premium pay.      ...      Formella argues that he has established a prima facie case of reverse racial discrimination based upon two actions: (1) [The] refusal to allow Formella to transfer non-competitively to the tour 3 position; and (2) [The] selection of Officer Fields, who is “less qualified” and “non-white,” over Formella for the tour 3 position. Formella has proceeded under the indirect proof, burden-shifting method enunciated in McDonnell Douglas Corp. v. Green.   ...   COURT DECISION:   (.pdf)   (.html)

     DEAR YOUTUBE: PLEASE CREATE AN OFFICIAL YOUTUBE .3GP ONLY APP AND WEBSITE    An official YouTube 3GP-ONLY-APP would allow millions, millions, millions more smartphone customers to safely consume Youtube video content.           Why, you may ask, should this be?      Millions of smartphone owners can not view video at all. With limited 500MB or 1GB wireless data plans, one youtube video can gobble-up an entire month of data in one minute.          And in many cases the consumer has little control over the data usage.       Youtube pages are generally set to play automatically.       Sometimes, as soon as the youtube webpage loads is starts to download the video at the highest quality your phone network connection will allow (1080p 28 MB / minute).       Even when you pause a youtube video, it continues to download/buffer using up all your data.       By the time you find the video quality settings its too late and your data has been gobbled-up.      So, an official Youtube 3gp-only app and website would help to corral the out of control data usage, thereby fixing the problem.             Gooble, Alphabet, Youtube;   please show some love.   Thank You.    (Permerica Commentary)

   March 10, 2016  ...  DcCa:  John Doe v. Susan L. Burke  ...   SOCIAL MEDIA CAN BE COSTLY:   THEY MADE ANONYMOUS NASTY EDITS TO HER WIKIPEDIA PAGE ... SHE SUED TO STOP IT ... NOW SHE'S STUCK WITH HUGE ATTORNEYS FEES.  ...   In this case, appellee Susan L. Burke, an attorney, sued multiple anonymous defendants (“John Does 1-10”) alleging defamation and other torts arising from edits made to a Wikipedia webpage established in Ms. Burke‟s name.       John Doe 1 had allegedly added information to the page using the name Zujua. After Ms. Burke caused a subpoena to be issued to obtain Wikipedia‟s user data and thereby learn Zujua‟s (and others‟) identity, Zujua filed a special motion to quash the subpoena.       The trial court denied the motion, but this court reversed. We held as a matter of law that Zujua had shown “that his speech is of the sort that the statute is designed to protect,” and that Ms. Burke, who was thus “required to show malice on Zujua‟s part . . . to succeed” in rebuttal, had failed to show a “likelihood of success on [her] underlying claims.”       On remand, Zujua moved to be awarded attorney‟s fees under D.C. Code § 16-5504 (a), which provides that “[t]he court may award a moving party who prevails, in whole or in part, on a motion brought under . . . § 16-5503 the costs of litigation, including reasonable attorney fees.”             In response, attorney Burke argued mainly that the trial court in its discretion (“[t]he court may award . . . attorney fees”) should award no fees in the circumstances of the case.   ...   COURT DECISION:   (.pdf)   (.html)

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   March 9, 2016  ...  DcDc:  Mann v. Wmata (DC Subway)  ...   LIEUTENANT DAVID V. MANN ASKED DOWTIN IF HE WAS OKAY.    DOWTIN REPLIED, “‘NO, THEY BEAT MY ASS,’”    AND BEGAN CURSING.  ...   David V. Mann, a Lieutenant with the Washington, DC Subway System (WMATA) Metropolitan Transit Police Department (MTPD).      The incident occurred on September 2, 2011.      According to ..., John Dowtin had asked him for money and, when he refused, Dowtin assaulted him. The two then got into a fight, which ended only after five employees intervened (they beat him into submission).        After arriving, Lieutenant Mann notified MTPD Communications that he intended to arrest Dowtin for attempted robbery and destruction of property.        Mann then approached Dowtin, who was lying on the ground. Mann asked him for identification, and Dowtin complied. He then asked Dowtin if he was okay.        Dowtin replied, “‘no, they beat my ass,’” and began cursing. Dowtin sat up, and Mann asked him to get back on the ground. Dowtin refused several times, continuing to curse at Mann.   ...     ...     ...   In a final effort to get Dowtin to release his hands from underneath his body, Mann lifted Dowtin “up off the ground about knee high in height and dropped him in an effort to daze/stun him, knock the wind out of him or get him to spread his arms out to brace/catch his fall.”        This enabled Mann to gain control of Dowtin’s right arm, but he was still unable to handcuff him.        Mann again struck Dowtin “in the sides of his body with no success.”        He lifted Dowtin “off the ground two (2) more times and dropped him, looking for the same results as the first time.”        After a brief struggle, Mann managed to handcuff Dowtin, at which point “all use of force ceased.”        Following the arrest, Dowtin was taken to a hospital and was diagnosed with multiple facial lacerations, multiple rib fractures, and a lumbar spine fracture.        Two days later, on September 4, 2011, Mann’s weapon and police powers were taken away, and he was restricted to administrative duties.  ...   COURT DECISION:   (.pdf)   (.html)

   March 8, 2016  ...  HEALTH & SCIENCE:  YOU MUST READ THIS, SERIOUSLY ... THE WIDOWMAKER:   SHE THOUGHT WHAT SHE HAD WAS JUST THE FLU ... WHAT SHE ACTUALLY HAD "THE WIDOWMAKER" WAS ABOUT TO KILL HER.   (Washington Post By Sue Parker)   In my years as a prosecutor, I saw plenty of violence, including many deaths. Some were accidental, but some were the work of killers, even serial killers. I have always been fascinated by serial killers. How do they choose their victims? How is it that they can take a life so easily? I studied them, tried to understand their behavior. None of that prepared me for the day I met a serial killer of a different sort — a medical one with the ominous name “the widowmaker” — that had come for me..    Washington Post

   March 8, 2016  ...  MSPB:  Batara v. Navy  ...   DRUG DISCRIMINATION (ALCOHOL=GOOD / MARIJUANA=BAD)    REMOVED FOR USING MARIJUANA.  ...   The agency alleged that, on January 23, 2014, during an investigative interview, the appellant admitted to using marijuana frequently since becoming a Shipyard employee and to daily use during the period leading up to the interview, including the night before, and he stated that he believed he was addicted.      Effective May 4, 2015, Navy removed the appellant from his position as WT-5 Student Trainee (Marine Machinery Mechanic) at the agency’s Pearl Harbor Naval Shipyard based on his involvement in illegal drug activity.      The appellant appealed his removal.     The MSPB administrative judge issued an initial decision. She found that removal was not within the tolerable limits of reasonableness, and that the maximum reasonable penalty for the sustained charge was a 30-day suspension.           The agency has filed a petition for review.   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   March 7, 2016  ...  MSPB:  Lewis v. Defense  ...   DEFENSE REMOVED ME FOR REQUESTING 1 YEAR OF LWOP TO PURSUE A LAW DEGREE IN GERMANY.  ...   Prior to his removal on or about January 14, 2012, the appellant was employed as a Foreign Affairs Specialist, GS-0130-13, at the Department of Defense, Defense Prisoner of War/Missing Personnel Office in Washington, D.C.       During September 2011, he asked to take 1 year of leave without pay (LWOP), during which he intended to pursue a Master of Law degree ... in Saarbruecken, Germany. He intended to accompany his wife to her new duty station in Germany. He also requested permission to telecommute from Germany. His requests were denied.       He informed the agency that he was moving to Germany, but he did not resign. Instead, he stopped reporting to work on October 24, 2011. The agency ordered him to report for work and, after he failed to do so, removed him on charges of absence without leave (AWOL) (30 specifications) and failure to follow an order.             The appellant filed a whistleblower complaint with the Office of Special Counsel (OSC), which closed its investigation on February 27, 2015.       In its close-out letter, OSC characterized the appellant’s complaint regarding his removal as reprisal for disclosing that an uncleared agency official was misrepresenting herself as a security officer and had been allowed unescorted access to an area restricted to cleared employees.       OSC found that the appellant also alleged that the removal action was in retaliation for complaining that he was denied LWOP and the opportunity to telework from Germany.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   MARCH 4, 2016  ...  1st Cir:  Lang v. Wal-Mart  ...   NICOLE LANG BECAME AN "UNLOADER" AT WAL-MART'S DISTRIBUTION CENTER ... THEN SHE BECAME PREGNANT.  ...   Nicole Lang became an "unloader" at Wal-Mart's distribution center in Raymond, New Hampshire. An unloader (as the name implies) unloads merchandise hauled to the center in tractor trailers.      Wal-Mart's job-description form says that the "essential functions" of an unloader include "unloading freight from trailer manually or with power equipment."      But the form also adds that "[m]ov[ing], lift[ing], carry[ing], and plac[ing] merchandise and supplies weighing up to 60 pounds without assistance" are "physical activities . . . necessary to perform one or more essential functions of this position."      Asked at her deposition whether Wal-Mart "expected [her] to be able to lift . . . up to 65 pounds" by herself, Lang said "yes."      That jibes with this statement by the center's distribution manager, who said that unloaders are required to "lift[] merchandise or supplies weighing up to 60 pounds without assistance."           While at Wal-Mart's distribution center, she claimed a disability arising from her "pregnancy status," though she insisted that she could perform the essential functions of her job with a reasonable accommodation.      Seeing things differently, Wal-Mart refused her accommodation request. And then, later on, Wal-Mart terminated her.      Lang eventually sued, claiming violations of the federal Americans with Disabilities Act (popularly known as the "ADA") and the New Hampshire Civil Rights Act.  ...   COURT DECISION:   (.pdf)   (.html)

   March 1, 2016  ...  Fed Cir:  Parkinson v. Justice  ...   WHY THE HELL ARE FBI FOLKS ALWAYS CALLED "SPECIAL" AGENT. ... THEY ARE NOT "SPECIAL"  ...   Parkinson served as a special agent with the Sacramento field office of the FBI. Beginning in 2006, Parkinson served as the leader of a special operations group (“group” or “SOG”), and was tasked with relocating a previously compromised undercover facility.       In 2006, the FBI leased a facility from James Rodda (“Rodda”), who agreed to contribute $70,000 to be used for “construction, construction documents, permits and fees” (“tenant improvement funds”). Parkinson negotiated the terms of the lease on behalf of the FBI, and managed the tenant improvement funds.       In February of 2008, partway through the facility build-out, Parkinson met with Assistant Special Agent in Charge Gregory Cox (“Cox”), and made whistleblower eligible disclosures, implicating two pilots involved with the group in misconduct. In August 2008, Cox and Parkinson’s immediate supervisor, Supervisory Special Agent Lucero (“Lucero”), issued Parkinson a low performance rating, removed him as group leader, and thereafter reassigned him to another field office.       Believing these acts to be retaliation for his February 2008 disclosure, Parkinson sent a letter to Senator Charles Grassley, who forwarded Parkinson’s whistle blower reprisal allegations to the Department of Justice’s Office of the Investigator General (“OIG”) for investigation. OIG, in turn, opened a whistleblower reprisal investigation..  ...   COURT DECISION:   (.pdf)   (.html)

   February 29, 2016  ...  DcDc:  Crawford v. Johnson  ...   HOMELAND SECURITY    (1)   ISSUED AN UNWARRANTED NEGATIVE ANNUAL PERFORMANCE APPRAISAL OF ME,    (2)   APPOINTED A LESS-QUALIFIED INDIVIDUAL TO A SUPERVISORY POSITION ABOVE ME,    (3)   SUSPENDED ME FROM WORK WITHOUT JUST CAUSE.  ...   Plaintiff James Crawford is an African-American employee of the Department of Homeland Security (“DHS”) who claims that DHS discriminated against him on the basis of his race, subjected him to a hostile work environment, and retaliated against him because of his engagement in protected activity, all in violation of Title VII of the Civil Rights Act ... .       Crawford filed the instant complaint against Jeh Johnson (Secretary of DHS) (“Defendant”), alleging that DHS employees intentionally targeted him with eleven discrete discriminatory and/or retaliatory acts ... .  ...   COURT DECISION:   (.pdf)   (.html)

   February 25, 2016  ...  C.A.A.F:  United States v. Williams  ...   THANKS FOR YOUR SERVICE ... THANKS FOR DRUGS, BURGULRY, CREDIT CARD THEFT, TOO.  ...   Henry L. Williams III, Specialist United States Army, Appellant, was convicted of failure to go to his appointed place of duty, disobedience of a superior commissioned officer, two specifications of disobedience of a noncommissioned officer, making a false official statement, wrongful use of marijuana, three specifications of larceny, two specifications of housebreaking, and bigamy.          Appellant was convicted ... and was sentenced to a bad-conduct discharge and confinement for eighteen months.          Appellant lived with PFC Benjamin P. Irvine from December 2011 to February 2012 at Fort Bragg, North Carolina. In February 2012, a fraud agency notified PFC Irvine that there were suspicious purchases on his checking account with the Boulder Valley Credit Union (BVCU), including a charge from Verizon Wireless for $2,269.51, charges from various food vendors, and charges from the online sex and dating website Adult FriendFinder.          The charges totaled $3,067.70. Appellant was listed as the purchaser of the food on a Pizza Hut receipt, and he later testified that he had written down PFC Irvine’s debit card number and mistakenly used it to complete all of the purchases, except for the one to Verizon Wireless, which Appellant claimed his wife made. Once PFC Irvine notified BVCU of the fraudulent charges, BVCU provided PFC Irvine with provisional credit, but also charged him $33 in overdraft fees.   ...   COURT DECISION:   (.pdf)   (.html)

   February 23, 2016  ...  MSPB:  Salerno v. Interior  ...   THEY SUSPENDED ME 30 DAYS (AND MORE STUFF TOO) FOR WHISTLEBLOWING TO OSC.  ...   On February 4, 2013, the appellant, a GS-11 Telecommunications Specialist, made a disclosure to OSC that the agency’s law enforcement communication security system was inadequate and that this inadequacy constituted a violation of law, rule, or regulation, gross mismanagement, and an abuse of authority.      On August 18, 2014, the appellant filed this Board appeal alleging that he was suspended for more than 14 days and asserting that the agency took a variety of personnel actions against him in retaliation for his disclosure complaint to OSC.      The administrative judge dismissed the appeal for lack of jurisdiction without holding the appellant’s requested hearing.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   February 22, 2016  ...  Freakonomics Radio:    ...   THE TRUE STORY OF THE GENDER PAY GAP  ...   ANNE-MARIE SLAUGHTER: If you take women who don’t have caregiving obligations, they’re almost equal with men. It’s somewhere in the 95 percent range. But when women then have children, or again are caring for their own parents or other sick family members who need care, then they need to work differently. They need to work flexibly, and often go part-time. They often get less-good assignments because their bosses think that they’re not going to want work that allows them to travel, or they’re not going to be able to stay up all night, or whatever it is. And so then you start — if you’re working part-time, you don’t get the same raises. And if you’re working flexibly your boss very typically thinks that you’re not that committed to your career, so you don’t get promoted.   ...   Listen Here    ...    Read Transcript Here

   February 22, 2016  ...  DcDc:  Bloomgarden v. Justice  ...   JUSTICE PROPOSED REMOVAL OF MY PROSECUTOR IN A THIRTY-FIVE PAGE DISCIPLINARY LETTER, ACCOMPANIED BY ... 3,649 PAGES OF SUPPORTING EVIDENCE  ...   Plaintiff Howard Bloomgarden brings this suit against the Department of Justice (“DOJ”) to compel the production of records by the Executive Office for United States Attorneys (“EOUSA”) under the Freedom of Information Act (“FOIA”).      Plaintiff seeks to acquire documents from the disciplinary file of a former Assistant United States Attorney (the “former AUSA”), who worked for DOJ in the Eastern District of New York (“EDNY”) in the mid-1990      Beginning in January 1995, the former AUSA was the lead prosecutor in a state-federal investigation into certain drug-related crimes, including the kidnapping and murder ... which eventually led to plaintiff accepting a guilty plea in the EDNY.      The former AUSA was removed from plaintiff’s case in November 1995, and his termination by DOJ was later proposed in a thirty-five page disciplinary letter (the “Letter”), which was accompanied by a table of contents and 3,649 pages of supporting evidence (together, “the Disciplinary File”).      Plaintiff believes that the Disciplinary File may show that the AUSA engaged in prosecutorial misconduct.  ...   COURT DECISION:   (.pdf)   (.html)

   February 18, 2016  ...  MSPB:  Jones v. Bush  ...   CRAZY   !#$&?#   AT THE WHITE HOUSE !   -OR-   WHITE HOUSE FIRED ME 'CAUSE I'M WHITE !  ...   According to Ms. Jones [plaintiff], she “was removed from the federal service ... after a series of escalating, unwarranted disciplinary actions progressed against her.”          According to defendants [The White House], the decision to remove plaintiff from federal service was based on plaintiff’s disorderly and insolent conduct and failure to follow instructions arising from an incident ..., involving her supervisor, Anita Cox-Harris, and a colleague, Danilo Ibanez.          Notice of Proposed Removal:    During the course of routine office conversation with her supervisor, [plaintiff] became increasingly agitated and belligerent, excessively loud, and began making demeaning remarks about other colleagues not present, including accusing them of gross dereliction of duty.       Mr. Ibanez [a colleague] left the office momentarily to complete an assignment, and while he was gone, [plaintiff] also began accusing him of gross dereliction of duty.             When Mr. Ibanez [a colleague] returned he recalls ... in [her] agitation, [plaintiff] began gesticulating sharply with the scissors. He became very concerned that [plaintiff] might injure [her]self or strike Ms. Cox-Harris, when suddenly [plaintiff] rose from [her] chair and slammed the scissors, points-down, into Ms. Cox-Harris’s brand new desk. The scissors struck with such force that the desk received two deep gouge marks and one long scrape, approximately 4 1/2 inches in length. The considerable force of the impact also apparently caused the scissors to fly out of [plaintiff’s] hand and shoot across Ms. Cox-Harris’s desk.          Plaintiff appealed her removal to the Merit Systems Protection Board (“MSPB”)   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   February 17, 2016  ...  MSPB:  Freeport v. Barrella  ...   WHAT DOES IT MEAN TO BE HISPANIC?      ( Mandatory Reading For EEO, HR, ER Staff )      Specifically, it presents the question of whether “Hispanic” describes a race for purposes of § 1981 and Title VII.   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   February 17, 2016  ...  MSPB:  McMillan v. Justice  ...   WE REVERSE THE DECISION OF THE BOARD AND REMAND FOR AN APPROPRIATE REMEDY.   ...   Peter A. McMillan (“McMillan”) was a GS-13 Criminal Investigator with the Drug Enforcement Agency (“DEA”). McMillan also serves as an officer in the United States Army Reserves. On June 24, 2007, he was assigned to the Lima, Peru County Office (“LCO”) of the DEA.       His tour at LCO was due to expire in 2010, but he requested and was granted a oneyear extension. On September 14, 2010, he again requested a tour extension, this time for an additional two years. That request was denied and is the subject of this appeal.       McMillan contends that the DEA’s decision not to renew his tour was based improperly on his military service.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

FINDING YOUR ROOTS     ONE OF THE MOST POWERFUL HOURS OF TELEVISION EVER     As a regular viewer of "Finding Your Roots" I'm always amazed and impressed with the way they manage to find the roots of Americans. That said, last night was something extra special to watch. On Tuesday, February 16, the PBS show "Finding Your Roots" brought together and applied the most intense, sophisticated, scientific, and experimental analysis ever used anywhere in the world to trace the roots and find family of hip hop legends Sean Combs and LL Cool J.    Time after time they ran into brick walls, no records, nothing.      At a dead end, with no traditional information or documentation available, they reached out for crazy experemental tecchniques.      Then, like magic, doors started to open.     Flesh and blood family members begin to appear out of nothing.      Ancestry research at its best.      Top of its game.      Bravo to Henry "Skip" Gates and the staff of and PBS for such an intense and ultimately rewarding show.     Thank  You          Watch Online (pbs 13)


Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint certain public officials with the "advice and consent" of the U.S. Senate. This clause also allows lower-level officials to be appointed without the advice and consent process.      (wikipedia)

   February 15, 2016  ...  MSPB:  Hayden v. Air Force  ...   AS A VETERAN, I'M BETTER THAN OTHER AMERICANS   &   HAVE A RIGHT TO GET JOBS BEFORE THEM!   ...   Carl D. Hayden (“Hayden”) alleged that the Department of the Air Force (“Air Force”) violated USERRA when it: (1) denied him a promotion due to his military service; (2) denied him the benefit of reemployment in the position he would have obtained had the agency processed his position upgrade; and (3) retaliated against him after he sought USERRA protections.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   February 11, 2016  ...  6thCir:  Smith v. Rock-Tenn  ...   A PREDATORY HOMOSEXUAL IN THE WORKPLACE ... I WANTED TO KILL HIM !!!  ...   INCIDENT : ... "In December, Defendant’s employee Jim Leonard returned from medical leave. On the first evening that Leonard was in the plant, Plaintiff observed Leonard “come up behind” 450 operator Clinton Gill, “grab[] him in the butt,” and then sniff his finger..           INCIDENT : ... Plaintiff was working at the 303 machine. While he was bent over to load boxes onto a pallet,       Leonard came up behind him again, “grabbed [him] by [the] hips and started hunching on [him]” so that Leonard’s “privates” were “up against [Plaintiff’s] tail.”    Plaintiff turned around, grabbed Leonard by the throat for about thirty seconds, lifted him off the ground, and “was just blessing him out.”    Plaintiff reported the incident to Gill, who told Plaintiff to go outside and calm down. When he returned, Leonard apologized to Plaintiff, saying, “I didn’t know how far I could go with you.”         While continuing to work in the same area as Leonard, Plaintiff was worried about whether Leonard would come up behind him again, found it difficult to concentrate, neglected to lock out a machine when cleaning it, got himself caught under a machine, and twice spent half an hour cleaning jam-ups that would normally have taken him a minute to resolve. During that week, Defendant sent Plaintiff and Leonard to get a hearing test together. Plaintiff testified that he was beside himself and wanted to kill Leonard.  ...   COURT DECISION:   (.pdf)   (.html)