GARNER v. U.S. DEPT. OF LABOR

No. 99-60212.

221 F.3d 822 (2000)

Robert Thomas GARNER, III, Plaintiff-Appellant, v. U.S. DEPARTMENT OF LABOR, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 2000.


Attorney(s) appearing for the Case

Frank Campbell (argued), Teller, Chaney, Hassell & Hopson, Vicksburg, MS, for Plaintiff-Appellant.

Daniel Lee Kaplan (argued), Robert S. Greenspan, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, Mitzi Dease Paige, Civil Div., Jackson, MS, for Defendant-Appellee.

Before POLITZ, SMITH and DENNIS, Circuit Judges.


POLITZ, Circuit Judge:

Robert T. Garner III appeals the dismissal of his mandamus petition for lack of subject-matter jurisdiction, contending that the district court erred in its holding that 5 U.S.C. § 8148(a) does not implicate the ex post facto clause nor violate the eighth amendment. For the reasons assigned, we affirm.

BACKGROUND

In 1989, following a job-related injury while employed by the federal government, Garner began receiving monthly...

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