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RATTIGAN v. HOLDER

No. 10-5014.

643 F.3d 975 (2011)

Wilfred Samuel RATTIGAN, Appellee v. Eric H. HOLDER, Jr., Attorney General, United States Department of Justice, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2011.

Attorney(s) appearing for the Case

Charles W. Scarborough , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs was Ronald C. Machen Jr. , U.S. Attorney, and Marleigh D. Dover , Assistant Director. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Jonathan C. Moore argued the cause for appellee. With him on the brief was James R. Klimaski .

Before: ROGERS, TATEL, and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

TATEL, Circuit Judge:

In this case, a jury found that the FBI violated Title VII of the Civil Rights Act of 1964 by launching a security investigation of plaintiff, then an agent in its Saudi Arabia office, in retaliation for his filing of a discrimination complaint. On appeal, the government argues that plaintiff's claim is nonjusticiable under...

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