Susan McGuire Smith

Author: Susan McGuire Smith

Susan McGuire Smith spent most of her federal legal career with NASA, serving as Chief Counsel at Marshall Space Flight Center for 14 years. Her expertise is in government contracts, ethics, and personnel law.

Wilsons’ Lawsuit Against Cheney, Libby and Others Dismissed By Court

One fallout from the notorious “outing” of Valerie Plame Wilson as a CIA operative was a high-profile lawsuit brought by the Wilsons against “Scooter” Libbey, Vice President Cheney, and other Executive Branch officials in their personal capacity. The Wilsons wanted money damages to be paid by these officials personally for their alleged violations of the Wilsons’ First and Fifth Amendments rights under the Constitution. A federal district court has now dismissed the Wilsons’ case.

One Too Many Appeals

An employee of the Federal Aviation Administration who was subject to a reduction in force (RIF) filed an appeal with the MSPB. But he had already joined a class action lawsuit so the MSPB dismissed his appeal but his name was also withdrawn from the class action lawsuit as a result of a motion from his attorney. Left out despite the numerous initial options, he went to federal court to try for a more favorable outcome.

Supreme Court Rejects Lawsuit Against Individual Federal Employees

A rancher filed a lawsuit against employees of the Bureau of Land Management contending with numerous examples that he had suffered several years of harassment and intimidation because he would not grant an easement on his property. The court agreed with the government’s position that when the federal government is the “intended beneficiary of the allegedly extortionate acts,” then the act does not apply. The court concluded that the federal employees could not be sued individually for their campaign against the ownership rights of the rancher.

All Should Be Forgiven–I’m a Whistleblower!

A federal employee who is subject to discipline will sometimes argue that the discipline was in retaliation for whistleblowing activity and that the discipline should be overturned. In this Air Force case, an employee admitted manipulating a process to steer contracts to one company but says the disciplinary action was retaliation. The court doesn’t buy it and leaves the 30-day suspension in place.

One Employee, Multiple Appeals, Different Results

Multiple appeal procedures can muddle a case. In this instance, a federal employee who took leave under the Family and Medical Leave Act to care for a terminally ill husband took the leave under false pretenses. But an EEOC ruling on the employee’s harassment case complicates the issue. A federal court send the case back to the MSPB to “resolve inconsistencies, if any.”

Suing Over Suggestions

An employee of the Social Security Administration, described in a court’s opinion as “an energetic federal employee who has previously received awards for other suggestions that were adopted by the SSA…”, has gone to court to get more money. He received awards of $1300 and $24,350 and the agency recommended a 3rd award of more than $32,000 which was rejected by OPM. The court did not mind second-guessing OPM and SSA on their handling of the suggestion process but declined to make its own determination on award amounts.