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WARD v. BROWN

No. 237, Docket 93-6044.

22 F.3d 516 (1994)

William J. WARD, Plaintiff-Appellee, v. Jesse BROWN, in his capacity as Secretary of the Department of Veterans Affairs; Department of Veterans Affairs, an executive agency of the United States of America; and Michael Lawson, in his capacity as Medical Center Director, Veterans Administration Medical Center, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

Douglas Ross, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, DC (William Kanter, Appellate Staff, Civil Div.; Stuart E. Schiffer, Acting Asst. Atty. Gen., Dennis C. Vacco, U.S. Atty., Dept. of Justice, Washington, DC, of counsel), for appellants.

Martin R. Cohen, Asst. Gen. Counsel, American Federation of Government Employees, Bala Cynwyd, PA (Mark D. Roth, Gen. Counsel, American Federation of Government Employees, Washington, DC, of counsel), for appellee.

Before: LUMBARD, CARDAMONE, and LAY, Circuit Judges.

CARDAMONE, Circuit Judge:

Plaintiff, a male registered nurse employed at a Veterans Administration Medical Center in upstate New York was found, after an administrative hearing, on a single occasion to have verbally abused a patient. For this infraction of the rules as set forth in the agency's policy manual, the Secretary of Veterans Affairs (Secretary), accepting the administrative decisions and recommendations of subordinate officials of the Department of Veterans...

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