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ZACHARIASIEWICZ v. U.S. DEPT. OF JUSTICE

No. 19-2343.

48 F.4th 237 (2022)

Robert F. ZACHARIASIEWICZ, Plaintiff-Appellant, v. U.S. DEPARTMENT OF JUSTICE; Merrick B. Garland, U.S. Attorney General, Defendants-Appellees, Andrea R. Butler, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: August 31, 2022.

Attorney(s) appearing for the Case

ARGUED: Andrea R. Butler , KIRKLAND & ELLIS, LLP, Washington, D.C., for Court-Assigned Amicus Counsel. Laura Day (Rottenborn) Taylor , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees. ON BRIEF: Matthew D. Rowen , KIRKLAND & ELLIS LLP Washington, D.C., for Amicus Curiae. Christopher R. Kavanaugh , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Thacker wrote the opinion, in which Chief Judge Gregory joined. Judge Diaz wrote a dissenting opinion.

Robert F. Zachariasiewicz, Jr. ("Appellant") challenges the district court's dismissal of his complaint — which alleges whistleblower protection and discrimination claims relative to his employment at the federal Drug Enforcement Agency (the "DEA" or the "Agency") — for lack of subject matter jurisdiction. We...

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