BENNETT v. CHERTOFF

No. 04-5281.

425 F.3d 999 (2005)

Patsy F. BENNETT, Appellant v. Michael CHERTOFF, Secretary of Homeland Security and Donald H. Rumsfeld, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 2005.


Attorney(s) appearing for the Case

Robert C. Seldon argued the cause and filed the briefs for appellant. Molly E. Buie entered an appearance.

Deborah Goldstock Ringel argued the cause for amici curiae National Organization of Black Law Enforcement Executives, et al. in support of appellant. With her on the brief were Kenneth L. Adams and Bradley D. Wine.

Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


ROGERS, Circuit Judge.

In Ryan v. Reno, 168 F.3d 520, 524 (D.C.Cir.1999), the court held that an adverse employment action based on the denial or revocation of a security clearance is not actionable under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. This followed, the court concluded, from Department of Navy v. Egan, 484 U.S. 518, 108 S.Ct. 818, 98 L.Ed.2d 918 ...

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