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NASH v. BOWEN

No. 586, Docket 88-6066.

869 F.2d 675 (1989)

Simon NASH, Plaintiff-Appellant, v. Otis R. BOWEN, John A. Svahn, Donald J. Devine, Louis B. Hays, Philip T. Brown, and L. Charles Leonard, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 7, 1989.

Attorney(s) appearing for the Case

Simon Nash, Buffalo, N.Y., plaintiff-appellant pro se.

Stephen J. Markman, Ass't. Atty. Gen., Washington, D.C. (Wilfred R. Caron, Sr. Counsel, William G. Laffer III, Office of Legal Policy, U.S. Dep't of Justice, Washington, D.C., of counsel), for defendants-appellees.

Irving Kator, Joseph B. Scott, Jennifer R. Levin, Kator, Scott & Heller, Washington, D.C., for Federal Administrative Law Judges Conference and Ass'n of Administrative Law Judges, amici curiae, on behalf of plaintiff-appellant.

Anthony Szczygiel, Ass't Professor, Legal Assistance Program, State University of New York at Buffalo Law School, Buffalo, N.Y., amicus curiae, on behalf of plaintiff-appellant.

Before FEINBERG, NEWMAN and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

The principal issue raised by the instant appeal following a nonjury trial in the United States District Court for the Western District of New York (Elfvin, J.) is whether efforts by the Secretary of Health and Human Services (the "Secretary") to improve the quality and efficiency of the work of Administrative Law Judges ("ALJs") impaired their asserted right to "decisional independence" under the Administrative Procedure Act, 5 U.S.C. §...

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