Gary L. Shaffer v. Def. Logistics Agency, 862 F.2d 321 (Fed. Cir. 1988). · Go Syfert
Search
Gary L. Shaffer v. Def. Logistics Agency, 862 F.2d 321 (Fed. Cir. 1988). Cases Citing This Book View Copy Cite
54 citation events (5 in the last 25 years) across 11 distinct courts.
Strongest positive: Michael Sheiman v. Department of the Treasury (mspb, 2022-05-24)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited "see" Michael Sheiman v. Department of the Treasury
MSPB · 2022 · signal: see · confidence high
The Guide states that “[p]ersons in positions of trust, or who deal directly with taxpayers, can be held to higher standards.” IAF, Tab 14 at 71; see Southers v. Veterans Administration, 36 M.S.P.R. 213 , 214-15 (finding that the penalty of removal was appropriate for charges of intentional falsification and false testimony, relying in part on the deciding official’s testimony that trust was particularly important because the appellant’s position required that he work independently and meet with the public when performing 16 his duties), aff’d per curiam, 862 F.2d 321 (Fed.
cited Cited "see" Fahim Noori Construction Company
A.S.B.C.A. · 2018 · signal: see · confidence high
See Mac-In-Erny, Inc., ASBCA No. 28689 , 88-1 BCA 120,359 at 102,949, aff'd, 862 F.2d 321 (Fed.
discussed Cited "see" Foundation of Human Understanding v. United States
Fed. Cl. · 2009 · signal: see · confidence high
See Universal Life Church, Inc. v. United States (Universal Life Church), 13 Cl.Ct. 567 , 569 n. 1 (1987) (comparing types of evidence acceptable in revocation eases to permissible evidence in initial qualification eases), aff'd 862 F.2d 321 (Fed.Cir.1988) (Table); Exempt Organizations at V(D)(l)-(2) (same).
cited Cited "see" Hughes v. Commissioner
Tax Ct. · 1994 · signal: see · confidence high
See Universal Life Church, Inc. v. United States , 13 Cl.Ct. 567 (1987) , affd. per curiam without published opinion 862 F.2d 321 (Fed.
discussed Cited "see" Jay Carter Joan H. Carter v. United States (2×)
9th Cir. · 1992 · signal: see · confidence high
See Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567 (1987), aff'd 862 F.2d 321 (Fed.Cir.1988). 9 In Carter I, the Carters relied substantially on the ULC's tax exempt status as support for their claimed entitlement to a deduction for a charitable contribution.
discussed Cited "see, e.g." Cooper Realty Co. v. United States
Fed. Cl. · 1996 · signal: see also · confidence low
“Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed ‘to secure the just, speedy and inexpensive determination of every action.’ ” Celótex Corp. v. Catrett, 477 U.S. 317, 327 , 106 S.Ct. 2548, 2555 , 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 1); see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), ajfd 862 F.2d 321 , 1988 WL 108171 (Fed.Cir.1988) (Table).
cited Cited "see, e.g." Seldovia Native Ass'n v. United States
Fed. Cl. · 1996 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2555 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), aff'd, 862 F.2d 321 (Fed.Cir.1988) (Table).
cited Cited "see, e.g." INSLAW, Inc. v. United States
Fed. Cl. · 1996 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2555 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), aff'd, 862 F.2d 321 (Fed.Cir.1988) (Table).
cited Cited "see, e.g." Tabb Lakes, Inc. v. United States
Ct. Cl. · 1992 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2554 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), aff’d, 862 F.2d 321 (Fed.Cir. 1988) (Table).
cited Cited "see, e.g." Bayou Land & Marine Contractors, Inc. v. United States
Ct. Cl. · 1991 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2555 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), affd, 862 F.2d 321 (Fed.Cir. 1988) (Table).
cited Cited "see, e.g." Town of Port Deposit v. United States
Ct. Cl. · 1990 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2555 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), aff'd, 862 F.2d 321 (Fed.Cir. 1988) (Table).
cited Cited "see, e.g." Troise v. United States
Ct. Cl. · 1990 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2555 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), affd, 862 F.2d 321 (Fed.Cir. 1988) (Table).
cited Cited "see, e.g." GAF Corp. v. United States
Ct. Cl. · 1990 · signal: see also · confidence low
Celotex, 477 U.S. at 327 , 106 S.Ct. at 2555 ; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), affd, 862 F.2d 321 (Fed.Cir.1988) (Table).
cited Cited "see, e.g." Roberts v. United States
Ct. Cl. · 1989 · signal: see also · confidence low
Id.; see also Universal Life Church, Inc. v. United States, 13 Cl.Ct. 567, 580 (1987) (citing cases), aff'd, 862 F.2d 321 (Fed.Cir. 1988) (Table). 1.
Retrieving the full opinion text from the archive…
Gary L. Shaffer
v.
Defense Logistics Agency
88-3150.
Court of Appeals for the Federal Circuit.
Oct 19, 1988.
862 F.2d 321
Unpublished

862 F.2d 321

Unpublished Disposition
NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
Gary L. SHAFFER, Petitioner,
v.
DEFENSE LOGISTICS AGENCY, Respondent.

No. 88-3150.

United States Court of Appeals, Federal Circuit.

Oct. 19, 1988.

Before FRIEDMAN, NIES and ARCHER, Circuit Judges.

NIES, Circuit Judge.

DECISION

1

Gary L. Shaffer seeks review of the final decision of the Merit Systems Protection Board, Docket No. PH07528510197, insofar as the board refused to award back pay and benefits during the period he was suspended while under criminal indictment. Although he admits that it was appropriate for the agency to suspend him between November 30, 1984 and January 3, 1985 while his criminal indictment was pending, Shaffer contends he is entitled to back pay and benefits once the charges were dropped and he was successful in overturning his subsequent removal. We affirm.

OPINION

2

There are no facts in dispute. The sole issue is one of law: whether an employee lawfully suspended solely on the basis of an indictment is entitled to back pay and other benefits, from the date the suspension began until the date the indictment was dismissed, upon subsequent dismissal of the indictment and reinstatement by the agency. Shaffer contends that we should "follow the holding in the case of Brown v. Department of Justice, 715 F.2d 662, 669 ( [D.C.Cir.] 1983)." That case granted an employee, who had been suspended based solely on an indictment, back pay and benefits for the entire period of suspension after being acquitted and reinstated. The court in Brown recognized that in Jankowitz v. United States, 533 F.2d 538 (Ct.Cl.1976), "the Court of Claims held that an employee lawfully suspended on the basis of his indictment on job-related charges was not entitled to back pay upon his acquittal and reinstatement by the agency." Brown, 715 F.2d at 669. Nevertheless, the court declined to follow Jankowitz, stating, "the Claims Court failed to appreciate the realities of the situation." Brown, 715 F.2d at 669.

3

As this court held in Wiemers v. Merit Systems Protection Board, 792 F.2d 1113, 1116 (Fed.Cir.1986), however, Jankowitz, and not Brown, is the controlling precedent in this court. (Our decision in South Corp. v. United States, 690 F.2d 1368, 1370, 215 USPQ 657, 657-58 (Fed.Cir.1982), adopted as binding precedent the body of law represented by the holdings of the Court of Claims.) Accordingly, we must follow the holding of Jankowitz, as approved in Wiemers. Under that holding, the dismissal of Shaffer's indictment does not entitle him to back pay or other benefits for the period of his lawful suspension even though he was subsequently acquitted and reinstated.