5 U.S.C. § 1222
Availability of other remedies
Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of statute which is outside of both this chapter and chapter 23.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1990–2022 · leading case: Thayne Griener v. United States, 900 F.3d 700 (5th Cir. 2018).
Thayne Griener v. United States, 900 F.3d 700 (5th Cir. 2018). “§ 1222 -which says, "Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of statute which is outside of both this chapter and chapter 23"-his FTCA claims should be allowed under…”
Mary Rivera Dennis Rivera v. United States, 924 F.2d 948 (9th Cir. 1991). “For textual support, the Riveras rely on a section of the Act, codified at 5 U.S.C.A. § 1222 (Supp.1990), that reads: Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of…”
Joe P. Grisham v. United States of Am. Nat'l Aeronautics & Space Admin., 103 F.3d 24 (5th Cir. 1997). “Grisham points to 5 U.S.C. § 1222 , entitled “Availability of other remedies,” which states as follows: Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of statute which is…”
Richard F. Sprague v. James B. King, Dir. of the Off. of Pers. Mgmt., 23 F.3d 185 (7th Cir. 1994). “(Plaintiffs attempt to escape Fausto by relying on 5 U.S.C. § 1222 , which was enacted in 1989.”
Katherine Coffman v. Special Couns., 2022 MSPB 18 (MSPB 2022). “For example, DHS asserts that 5 U.S.C. § 1222 and 5 C.F.R. § 1201.202 (a) give the Board discretion to award fees under section 7701(g)(1).”
Orsay v. United States Dep't of Just., 289 F.3d 1125 (9th Cir. 2002). “To buttress this argument, Appellants point to 5 U.S.C. § 1222 and to the legislative history of section 1222, which was enacted in the Whistleblower Protection Act of 1989 (“WPA”), which substantially redesigned the CSRA scheme.”
Williams v. Equal Emp. Opportunity Comm'n, 734 F. Supp. 744 (E.D. La. 1990). “However, the savings provision of the Act prevents any application of the Act to any administrative proceeding which was pending on July 9, 1989, the effective date of the Act: ADMINISTRATIVE PROCEEDINGS.”
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