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ASHTON v. CIVILETTI

No. 76-1142.

613 F.2d 923 (1979)

Donald R. ASHTON, Jr., Appellant, v. Benjamin R. CIVILETTI, Attorney General of the United States of America, Department of Justice, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 1979.

Rehearing Denied January 4, 1980.

Attorney(s) appearing for the Case

Steven S. Rosenthal, Washington, D. C., with whom Charles Lister and Ralph J. Temple, Washington, D. C., were on the brief, for appellant.

Constantine J. Gekas, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Peter E. George, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees.

Before WRIGHT, Chief Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

Opinion for the court by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

Appellant Donald Ashton, a non-investigatory employee of the Federal Bureau of Investigation, complained in the District Court of the abrupt termination of his employment solely by reason of his admission of homosexuality. Appellees — the Attorney General of the United States and the Director of the Bureau — moved for summary judgment on the grounds that appellant (1) had...

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