Appeals Court: FBI Employees Cannot Raise Defense of Whistleblower Reprisal in Adverse Action Appeals
On October 26, 2017, the Federal Circuit Court of Appeals, after granting the Department of Justice’s petition for rehearing en banc, vacated its prior decision, and found that preference-eligible FBI employees appealing an adverse action to the Merit Systems Protection Board may not raise an affirmative defense of whistleblower reprisal, nor may they file an individual right of action (“IRA”) appeal to bring whistleblower claims to the Board.
Federal Circuit Court Of Appeals Grants Petition For Rehearing En Banc In Due Process Case
On October 13, 2017, the United States Court of Appeals for the Federal Circuit granted a petition for rehearing en banc filed by the Department of Defense, and vacated the court’s panel opinion in Federal Education Association-Stateside Region v. Department of Defense. 841 F.3d 1362 (Fed. Cir. 2016), reversing an arbitrator’s opinion after finding a due process violation. In its October 13, 2017 order, the appeals court requested that the parties address the relevant cases and issues, but specifically requested that the parties address the court’s decisions in Sullivan v. Department of Navy, 720 F.2d 1266 (Fed. Cir. 1983) and Ryder v. United States, 585 F.2d 482 (Ct. Cl. 1978).
You Can't Turn the Clock Back on an Allegation made Against You
A former federal prosecutor, Tom Roth, once said, “In my experience, it is often the most aggressive, most productive, and most capable agents that get ground up in the disciplinary machinery of their respective law enforcement agencies.”
Dismissal of Class Action Suit Against OPM Resulting from Data Breach Appealed
In a consolidated multidistrict class action against the Office of Personnel Management following a severe data breach of OPM’s cybersecurity that affected millions of federal employees and former federal employees, federal employees and the union alleged gross negligence and a violation of constitutional rights to informational privacy, but the United States District Court for the District of Columbia dismissed the case on September 19, 2017. On October 12, 2017, the employees appealed the dismissal to the United States Court of Appeals for the D.C Circuit.
This Week on FEDtalk: Doing More with Less
This week on FEDtalk, we are discussing the dwindling capacity of members and their staffs to effectively do their jobs as responsibilities increase.
DOJ Announces First Ever Charges Against Chinese Manufacturers of Opiate Substances
Two Chinese nationals suspected of manufacturing and distributing in the U.S. a synthetic opioid that kills thousands of Americans every year were recently indicted.
ATF Busts Gun Burglary Ring Responsible for 400 Stolen Firearms
The Bureau of Alcohol Tobacco and Firearms (ATF) arrested 17 people accused of stealing firearms from gun stores across the state of Colorado.
Supreme Court May Consider Change to Terry Frisk Standard
A West Virginian is asking the Supreme Court to consider whether the test for conducting a search in conjunction with a lawful Terry stop requires a particularized basis for believing the person poses a present danger to officer safety.
Supreme Court Grants Certiorari to Decide Whether Union Fees For Non-Member Public Employees Violate First Amendment
On September 28, 2017, the Supreme Court granted certiorari to consider whether agency fee arrangements imposed by public unions on non-member public employees are constitutional.
Pizza Connection Trial Begins | September 30, 1985
In the late 1970s and early 1980s, several locally owned pizza parlors in major East Coast and Midwest cities were fronts for an international heroin organization.
Postal Service Manager Sentenced to Eight Years for Directing a Federal Corruption and Drug Distribution Scheme
A former U.S. Postal Service (USPS) station manager was sentenced to 97 months in prison for his role directing a bribery and drug scheme inside the USPS.
Professional Liability Insurance for Federal Agents
Federal law enforcement officers have increased risk of civil, administrative and criminal liabilities due to the nature of their duties.
Indiana Department of Natural Resources Officer is Aug 2017 Officer of the Month
The National Law Enforcement Officers Memorial Fund has selected Conservation Officer Nick Wilson, of the Indiana Department of Natural Resources, as the recipient of its Officer of the Month Award for August 2017.
FBI Arrests 10 in First Round of NCAA Investigation Charges
The fabric of college sports as we know it is tearing. At a press conference Tuesday, four assistant coaches were indicted by federal authorities for their alleged involvement in schemes to steer recruits to agents and financial advisors paying them to do so.
In the Heat of the Night is released | August 2, 1967
In the Heat of the Night beat out The Graduate, Bonnie & Clyde, and Guess Who’s Coming to Dinner for the Academy Award for Best Picture in 1968.
This Week on FEDtalk: We the Podcast People
This week on FEDtalk, we are excited to host two prominent figures in the world of podcasting, both of whom have started new projects focusing on the U.S. Constitution.
Man Arrested for Impersonating Federal Officer During Hurricane Irma Relief
A man in Puerto Rico was charged for impersonating a federal law enforcement officer acting under the authority of the United States, according to a statement from the DOJ.
DOJ Won’t Prosecute Officers in Freddie Gray Case
Citing insufficient evidence, the Department of Justice announced Tuesday the six Baltimore police officers involved in the death of Freddie Gray on April 19th, 2015 will not face federal charges.
FBI Sentences Sex Traffickers in Chicago and Indiana
The FBI announced the sentencing of 45-year-old Nathan Nicholson and his two 24-year-old twin sons, Myrelle and Tyrelle Lockett, who ran a sex trafficking operation affecting numerous underage girls and women, at least one of whom was also kidnapped by the men.
FLEOA Defends Your Salary and Retirement
Recent budget proposals by both the Trump Administration and Congress that adversely affect your pay and pensions are strongly opposed by the Federal Law Enforcement Officer's Association.