HARDISON v. COHEN

No. 03-13162.

375 F.3d 1262 (2004)

James K. HARDISON, Plaintiff-Appellant, v. Michael M. COHEN, individually, Department of Veterans Affairs, Anthony J. Principi, as Secretary, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 8, 2004.


Attorney(s) appearing for the Case

Gordon Robert Leech, Wiederhold & Moses, West Palm Beach, FL, for Hardison.

Suzan H. Ponzoli, Anne R. Schultz, Asst. U.S. Atty., Laura Thomas Rivero, Miami, FL, for Defendants-Appellees.

Before ANDERSON, HULL and PRYOR, Circuit Judges.


PRYOR, Circuit Judge:

This appeal presents an issue that has divided courts and commentators alike: whether a comprehensive statutory scheme that provides no remedy for a former employee of a federal agency, who contends that his discharge violated the Constitution, bars the former employee from obtaining any monetary or equitable relief. In deference to Congress, we conclude that the statutory scheme bars a claim for monetary damages, but we acknowledge, without...

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