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STEHNEY v. PERRY

No. 96-5036.

101 F.3d 925 (1996)

Ann K. STEHNEY, Appellant, v. William J. PERRY, Secretary of Defense; J. Michael McConnell, Director, National Security Agency/Central Security Service; Lee Hanna, Former Chief of Management Services, National Security Agency/Central Security Service; Jeanne Zimmer, Chief of Management Services, National Security Agency/Central Security Service; The Institute For Defense Analyses, Center For Communications Research, a Delaware Corporation; David M. Goldschmidt, Director, The Institute for Defense Analyses, Center for Communications Research.

United States Court of Appeals, Third Circuit.

Decided December 3, 1996.

Attorney(s) appearing for the Case

Stephen Z. Chertkof, (argued), Kator, Scott & Heller, Washington, D.C. and Frank Askin, Constitutional Litigation Clinic, Rutgers Law School, Newark, New Jersey, for Appellant.

Freddi Lipstein, (argued) Barbara L. Herwig, United States Department of Justice Appellate Staff, Civil Division, Washington, D.C., for Federal Appellees.

Keith P. Jones, (argued), Hill Wallack, Princeton, New Jersey, for Appellees, the Institute for Defense Analyses and David M. Goldschmidt.

Before: MANSMANN and SCIRICA, Circuit Judges and DIAMOND, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The National Security Agency revoked Ann Stehney's security clearance after she refused to submit to a polygraph examination. As a result, the Institute for Defense Analyses terminated her employment. Alleging constitutional and statutory violations, Stehney sought a writ of mandamus and other appropriate relief. The district court dismissed her suit under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) and Stehney now appeals...

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