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KITLINSKI v. U.S. DEPT. OF JUSTICE

No. 19-1621.

994 F.3d 224 (2021)

Darek J. KITLINSKI; Lisa M. Kitlinski, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, Drug Enforcement Administration As to Privacy Act Claims; Merrick B. Garland, Attorney General, Defendants-Appellees, and Other Unnamed Employees of the U.S. Department of Justice, Drug Enforcement Administration and Office of the Inspector General; Donna A. Rodriguez, a/k/a Donna Ashe, Section Chief, Research and Analysis Staff of the Human Resources Division Drug Enforcement Administration, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 8, 2021.

Attorney(s) appearing for the Case

ARGUED: Jackie Lynn White II , Kevin Edward Byrnes , FH+H, PLLC, Tysons, Virginia, for Appellants. Kimere Jane Kimball , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. ON BRIEF: Rachel Leahey , FH+H, PLLC, Tysons, Virginia, for Appellants. G. Zachary Terwilliger , United States Attorney, Rebecca S. Levenson , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.

Affirmed by published opinion. Judge Floyd wrote the opinion in which Judge Wilkinson and Judge Groh joined.

The Drug Enforcement Administration (DEA)1 terminated the employment of Plaintiffs-Appellants Darek and Lisa Kitlinksi after they refused to participate in an internal investigation into their own allegations of misconduct by the DEA. At the time of his termination, Darek was serving on active duty...

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