Justia Government & Administrative Law Opinion Summaries

Plaintiff, a former special agent with the FBI, filed suit against the DOJ under the Administrative Procedures Act, 5 U.S.C. 706(2)(A), alleging that the Deputy Attorney General’s decision affirming the OARM's finding that she had not been constructively discharged and denying her back pay was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. Plaintiff had previously filed a suit in district court alleging that OPR had not conducted its investigation as required by the applicable regulations and seeking injunctive and declaratory relief under the APA. The court concluded that both of plaintiff's suits relied on the same basis of subject matter jurisdiction and so the issues are the same for collateral estoppel purposes. Factual differences between the two underlying causes of action are immaterial, because those differences do not affect the common question, namely, whether Congress intended the CSRA to proscribe unique and exclusive remedial procedures for FBI employees alleging retaliation. Even if the court were to construe application of different sections of the APA as raising potentially different issues, collateral estoppel would still bar the action because both actions involve application of the same legal standard. Accordingly, the court affirmed the judgment. View "Turner v. DOJ" on Justia Law

Defendant, the Director of Industry Operations for the Kansas City Field Division of the ATF, denied Harris News' application for a federal license to sell guns based on the ground that Harris News and co-owners willfully allowed a felon to possess firearms. The district court affirmed. The court, however, reversed the judgment of the district court, concluding that the ATF had no authority to deny the license application under 18 U.S.C. 923(d)(1)(C) because the ATF did not show that the Harris News officers and owners did anything to further the felon’s possession of firearms. View "Harris News Agency, Inc. v. Bowers" on Justia Law