No. 2007-3125.

522 F.3d 1373 (2008)

Richard PERKINS, Petitioner, v. OFFICE OF SPECIAL COUNSEL, Respondent.

United States Court of Appeals, Federal Circuit.

April 17, 2008.

Attorney(s) appearing for the Case

Derek Ludwin, Covington & Burling LLP, of Washington, DC, argued for petitioner. With him on the brief were Lanny A. Breuer and Brent F. Powell.

Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Of counsel on the brief was Kristin L. Ellis, Senior Attorney, United States Office of Special Counsel, of Washington, DC.

Before BRYSON and PROST, Circuit Judges, and KENNELLY, District Judge.

BRYSON, Circuit Judge.

Petitioner Richard Perkins was the Deputy Chief of Police for the Henderson, Nevada, Police Department. During his time as Deputy Chief of Police, Mr. Perkins served in the Nevada Assembly for District 23 (Clark County). In May 2004, he filed for reelection. The Office of Special Counsel then initiated a proceeding against him before the Merit Systems Protection Board, alleging that by running for reelection as a Democratic candidate in 2002...

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