ZIMBELMAN v. SAVAGE

No. 99-1607.

228 F.3d 367 (2000)

Rita J. ZIMBELMAN; Karen Michalik, Plaintiffs-Appellees, v. Steven S. SAVAGE, Colonel, in his official capacity and as an individual; Michael P. Filan, Lieutenant Colonel, in his official capacity and as an individual; Donald J. Whalen, in his official capacity as Services Squadron Flight Chief and as an individual; Don Cook, in his official capacity as Deputy of Services Squadron and as an individual; Lester M. Ridall, in his official capacity as Chief, Human Resources Office, and as an individual; George J. Zalasky, in his official capacity as an OSI Agent and as an individual; Michael D. Goodrich, in his individual capacity; Bruce J. Guyote, in his individual capacity; James R. Capps, in his individual capacity; Thomas E. Welch, in his individual capacity, Defendants-Appellants, and United States Air Force; S.E. Widnall, Doctor, Secretary; OSI Agent 1, sued as "Four Other Unnamed OSI Agents, in their official capacities and as individuals"; OSI Agent 2, sued as "Four Other Unnamed OSI Agents, in their official capacities and as individuals"; OSI Agent 3, sued as "Four Other Unnamed OSI Agents, in their official capacities and as individuals"; OSI Agent 4, sued as "Four Other Unnamed OSI Agents, in their official capacities and as individuals", Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: September 21, 2000.


Attorney(s) appearing for the Case

ARGUED: Richard Alan Olderman, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. John Michael Brown, Augusta, Georgia, for Appellees. ON BRIEF: David W. Ogden, Acting Assistant Attorney General, J. Rene Josey, United States Attorney, Barbara L. Herwig, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Kristina M. Anderson, Aiken, South Carolina, for Appellees.

Before WILKINSON, Chief Judge, and MICHAEL and MOTZ, Circuit Judges.


Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge DIANA GRIBBON MOTZ joined.

OPINION

WILKINSON, Chief Judge:

Plaintiffs Rita Zimbelman and Karen Michalik were fired from their Air Force jobs based on suspicions of theft, fraud, and other misconduct. Their internal appeals seeking reinstatement failed. Plaintiffs then filed this Bivens action alleging several constitutional...

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