Miller v. Department of Justice, No. 15-3149 (Fed. Cir. 2016)Annotate this Case
Miller worked as the Superintendent of Industries at the Beaumont, Texas Federal Correctional Complex, overseeing a prison factory that produced ballistic helmets primarily for military use. Miller occasionally served associate warden and was described by Warden Upton as “a fantastic employee.” In 2009, Miller disclosed to the government-owned corporation that ran the prison and to Upton what he perceived to be mismanagement of factory funds. The Office of Inspector General (OIG) conducted an inspection. Upton asked Miller to not report to the factory that day. The next day, Miller reported that there had been “sabotage” at the factory, and urged that it be closed pending investigation. Hours later, Upton informed Miller that he was being reassigned. Upton later testified that OIG was concerned that Miller might compromise its investigation. Over the next four and a half years, Miller was assigned to low-level positions. Upton attributed his reassignments to unidentified OIG staff. Eventually, Upton reassigned Miller to sit on a couch in the lobby for eight months. Miller appealed to the Merit Systems Protection Board, alleging violation of the Whistleblower Protection Act, 5 U.S.C. 2302(b)(8). The Administrative Judge found that the government had rebutted his case. The Federal Circuit reversed. The government did not prove by clear and convincing evidence that it would have reassigned Miller absent his protected disclosures.