Stewart v. McPherson, No. 18-5370 (D.C. Cir. 2020)
Annotate this Case
Plaintiff filed suit challenging the Navy Secretary's refusal to grant him a waiver of statutory requirements that govern his eligibility for incentive pay. After determining that plaintiff has abandoned his substantive challenge to the waiver denial, the DC Circuit held that the question of whether the Secretary complied with the process outlined in the applicable regulation is judicially reviewable.
On the merits of plaintiff's procedural claim, the court held that nothing in Instruction 7220.87 obligates the Secretary to seek updated endorsements, and plaintiff gave the court no reason to conclude that the Secretary abused his discretion by relying on the old endorsements or by considering plaintiff's performance data. Accordingly, the court affirmed the district court's grant of summary judgment to the Secretary.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.