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BOHAC v. DEPARTMENT OF AGRICULTURE

No. 99-3306

239 F.3d 1334 (2001)

Janice R. BOHAC, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED February 14, 2001

Attorney(s) appearing for the Case

Ernest C. Hadley, Law Offices of Ernest C. Hadley, P.C., of West Wareham, Massachusetts, argued for petitioner. Joyce F. Glucksman, Joyce F. Glucksman, P.C., of Atlanta, on the brief for petitioner.

Craig R. Gottlieb, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David M. Cohen, Director; Robert E. Kirschman, Jr., Assistant Director; and Thomas A. Coulter, Trial Attorney. Of counsel was Sean P. Kelly, Attorney, Office of the General Counsel, Department of Agriculture, of Washington, DC.

Ernest C. Hadley, Law Office of Ernest C. Hadley, P.C., of West Wareham, Massachusetts, for amicus curiae Dwight F. Hasler.

Before LOURIE, LINN, and DYK, Circuit Judges.

DYK, Circuit Judge.

This case presents the issue whether non-pecuniary damages-here recovery for alleged pain and suffering, injury to reputation, and injury to family life-are recoverable under section 1221 of the Whistleblower Protection Act. 5 U.S.C. § 1221(g)(1)(A)(ii). We hold that non-pecuniary damages are not recoverable and that the government has not waived its sovereign immunity with respect to such claims. Accordingly, we affirm the decision of the...

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