Berry v. Conyers, No. 11-3207 (Fed. Cir. 2012)
Annotate this CaseConyers and Northover were indefinitely suspended and demoted, respectively, from their positions with the Department of Defense after they were found ineligible to occupy “noncritical sensitive” positions. The Department argued that, because the positions were designated “noncritical sensitive,” the Merit Systems Protection Board could not review the merits of the Department’s determinations under the precedent set forth in Navy v. Egan, 484 U.S. 518 (1988). The Board held that Egan limits review of an otherwise appealable adverse action only if that action is based upon eligibility for or a denial, revocation, or suspension of access to classified information. The Federal Circuit reversed and remanded. Egan prohibits Board review of agency determinations concerning eligibility of an employee to occupy a “sensitive” position, regardless of whether the position requires access to classified information.
The court issued a subsequent related opinion or order on August 28, 2012.
The court issued a subsequent related opinion or order on January 24, 2013.
The court issued a subsequent related opinion or order on April 5, 2013.
The court issued a subsequent related opinion or order on August 20, 2013.
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