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KRAFSUR v. DAVENPORT

No. 13-5598.

736 F.3d 1032 (2013)

Gerald I. KRAFSUR, United States Administrative Law Judge, Plaintiff-Appellant, v. Michael DAVENPORT, individually and in his capacity as Hearing Office Chief Administrative Law Judge; and Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 4, 2013.

Attorney(s) appearing for the Case

ARGUED: Charlton R. DeVault, Jr. , Kingsport, TN, for Appellant. Cecil VanDevender , United States Attorneys Office, Nashville, TN, for Appellees. ON BRIEF: Charlton R. DeVault, Jr. , Kingsport, TN, for Appellant. Cecil VanDevender , United States Attorneys Office, Nashville, TN, Mary Ann Sloan , Dennis R. Williams , John C. Stoner , Brian Seinberg , Shirley Lee Sohrn , Social Security Administration, Atlanta, GA, for Appellees.

Before: SUTTON and KETHLEDGE, Circuit Judges; DOW, District Judge.

OPINION

SUTTON, Circuit Judge.

Claiming that his employer violated the United States Constitution in disciplining him, a federal employee filed this lawsuit in federal district court. In doing so, he bypassed a system set up by the Civil Service Reform Act for addressing the personnel complaints of federal employees, prompting this question: Is the Act's personnel-grievance process exclusive?

I.

Gerald Krafsur, a federal administrative...

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