Turner v. DOJ, No. 14-3678 (8th Cir. 2016)
Annotate this CasePlaintiff, 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.
Court Description: Wollman, Author, with Bye and Gruender, Circuit Judges] Civil case - Administrative Procedures Act. Plaintiff's action seeking review of the Deputy Attorney General's decision concerning her complaints of retaliation was collaterally estopped by the adverse judgment in an earlier action she filed in the District of Columbia; both suits relied on the same basis of subject matter jurisdiction and involved application of the same legal standard; 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 Civil Service Reform Act to proscribe unique and exclusive remedial procedures for FBI employees alleging retaliation.
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