CROWE v. WORMUTH

No. 21-15802.

74 F.4th 1011 (2023)

Steven W. CROWE, Plaintiff-Appellant, v. Christine WORMUTH, Secretary of the Army, Defendant-Appellee, Ryan D. McCarthy, Defendant-Appellee, and Mark T. Esper, Secretary of the Army, sued in his official capacity, Defendant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 5, 2023.

Re-argued and Re-submitted March 2, 2023 San Francisco, California.

Filed July 25, 2023.


Attorney(s) appearing for the Case

Kevin Owen (argued), Gilbert Employment Law, Silver Spring, Maryland; Elbridge W. Smith and Elbridge Z. Smith , Smith Himmelmann AALC ALC, Honolulu, Hawaii; Mateo Caballero , Caballero Law LLLC, Honolulu, Hawaii; for Plaintiff-Appellant.

Stephen W. Fung (argued), Attorney; Katherine M. Smith , Deputy General Counsel; Allison J. Boyle , General Counsel; Office of the General Counsel, United States Merit Systems Protections Board; Washington, D.C.; for Amicus Curiae Merit Systems Protection Board.

Edric Ming-Kai Ching (argued), Assistant U.S. Attorney; Clare E. Connors , United States Attorney; Office of the United States Attorney, District of Hawaii; Honolulu, Hawaii; for Defendants-Appellees.

Concurrence by Judge Schroeder


OPINION

OPINION

"[T]he intersection of federal civil rights statutes and civil service law has produced a complicated, at times confusing, process for resolving claims of discrimination in the federal workplace." Kloeckner v. Solis, 568 U.S. 41, 49, 133 S.Ct. 596...

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